ABDALLA v. STATE HIGHWAY COMMISSION

No. 534.

134 S.E.2d 81 (1964)

261 N.C. 114

A. J. ABDALLA and wife, Betsy Abdalla, v. STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

January 17, 1964.


Attorney(s) appearing for the Case

Levinson & Levinson and Knox V. Jenkins, Jr., Smithfield, for plaintiffs.

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., Edwin S. Preston, Jr., Trial Atty., Norman C. Shepard and Robert A. Spence, Smithfield, for defendant.


MOORE, Justice.

Plaintiffs assign as error the action of the court in entering the judgment of nonsuit.

The action was nonsuited on the theory that it is barred by the statute of limitations. Conceding for the purpose of this appeal, but not deciding, that the court erred in its ruling on the plea in bar, we nevertheless hold that the judgment must be affirmed for it clearly appears from the record that the defendant is entitled to a dismissal of the action...

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