WIRTH v. BRACEY

Nos. 528, 529.

128 S.E.2d 810 (1963)

258 N.C. 505

Homer WIRTH v. Stewart Monroe BRACEY. Myrtle L. WIRTH v. Stewart Monroe BRACEY.

Supreme Court of North Carolina.

January 11, 1963.


Attorney(s) appearing for the Case

Smith, Leach, Anderson & Dorsett, Raleigh, for defendant-appellant.

Robert A. Spence, Smithfield and Thomas Turner, Greensboro, for plaintiffs-appellees.


BOBBITT, Justice.

Defendant's assignments of error are based on his exceptions to the orders entered by Judge Hall on April 12, 1962, prior to jury trial. Defendant does not attack the manner in which the jury trial was conducted. Indeed, neither the evidence nor the court's charge is in the record on appeal.

The sole question presented by each appeal is whether the court erred in overruling defendant's said pleas in abatement and in bar. The (admitted) facts...

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