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WILLIAMS v. ASHEVILLE CONTRACTING COMPANY

No. 234.

127 S.E.2d 554 (1962)

257 N.C. 769

Robert Calvin WILLIAMS v. ASHEVILLE CONTRACTING COMPANY.

Supreme Court of North Carolina.

October 10, 1962.

Attorney(s) appearing for the Case

Gilliland & Clayton, Warrenton, for appellant.

Spruill, Thorp, Trotter & Biggs, Rocky Mount, for appellee.

PER CURIAM.

We hold that where an appeal is taken from an order sustaining a demurrer on the ground that the complaint does not state a cause of action, the appellant may abandon his appeal; and a nonsuit entered by the Clerk of the Superior Court, at appellant's request, is tantamount to an abandonment of the appeal. Leggett v. Smith-Douglass Company, Inc., 257 N.C. 646, 127 S.E.2d 222.

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