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SMITH v. PERDUE

No. 741.

129 S.E.2d 293 (1963)

258 N.C. 686

Troy SMITH v. William C. PERDUE, Administrator of the Estate of W. P. Moser, and William C. Perdue, Administrator of the Estate of Maggie J. Moser. Willis SMITH v. William C. PERDUE, Administrator of the Estate of W. P. Moser, and William C. Perdue, Administrator of the Estate of Maggie J. Moser.

Supreme Court of North Carolina.

February 1, 1963.

Attorney(s) appearing for the Case

Clarence Ross, Graham, Thomas C. Carter, Burlington, and B. F. Wood, Graham, for plaintiff-appellees.

Allen & Allen, Burlington, for defendant-appellants.

SHARP, Justice.

Over objection, each plaintiff testified for the other. This was permissible procedure and defendant's assignments of error to the evidence thus elicited are not sustained. We have consistently held that in actions of this kind the relationship of husband and wife does not render the testimony of one for the other incompetent under G.S. § 8-51. Burton v. Styers, 210 N.C. 230, 186 S.E. 248; Scottish Bank v. Atkinson, 245 N.C. 563...

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