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SOUTHEASTERN FIRE INSURANCE COMPANY v. WALTON

No. 460.

123 S.E.2d 780 (1962)

256 N.C. 345

SOUTHEASTERN FIRE INSURANCE COMPANY v. Lewis Poteat WALTON and James Nicklos.

Supreme Court of North Carolina.

February 2, 1962.

Attorney(s) appearing for the Case

Dupree, Weaver, Horton & Cockman and Jerry S. Alvis, Raleigh, for defendants-appellants.

Bailey & Dixon, Raleigh, for plaintiff-appellee.

MOORE, Justice.

The rule is uniformly observed in this State that a plaintiff, in an ordinary civil action, against whom no counterclaim is asserted and no affirmative relief is demanded, may as a matter of right, take a voluntary nonsuit and get out of court at any time before verdict, and his action in so doing is not reviewable, and it is error for the court to refuse to permit him to take the voluntary nonsuit. 4 Strong: N.C.Index, Trial, s. 29, p. 325; Hoover...

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