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BURLESON v. HELTON

No. 96.

129 S.E.2d 491 (1963)

258 N.C. 782

Ronnie BURLESON, By his Next Friend Earl Burleson, v. Johnny HELTON. Earl BURLESON v. Johnny HELTON. Mrs. Grace BURLESON v. Johnny HELTON. Diana WHITTEMORE, By her Next Friend, Vance Whittemore, v. Johnny HELTON. Verona WHITTEMORE, By her Next Friend, Vance Whittemore, v. Johnny HELTON.

Supreme Court of North Carolina.

February 27, 1963.

Attorney(s) appearing for the Case

James S. Howell, Asheville, for plaintiffs.

Horner & Gilbert, Asheville, for defendant.

PER CURIAM.

The court in its discretion consolidated the five cases for trial. In this no prejudicial error appears. "A discretionary order consolidating actions for trial will not be disturbed on appeal in the absence of a showing of injury or prejudice to the appealing party." 4 Strong: N.C. Index, Trial, s. 8, p. 294. The trial court properly denied defendant's motion for nonsuit, and defendant's exceptions to the admission of evidence are not sustained. Considered...

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