CAROLINA POWER & LIGHT COMPANY v. SMITH

No. 771.

142 S.E.2d 140 (1965)

264 N.C. 581

CAROLINA POWER & LIGHT COMPANY, Petitioner, v. W. Osmond SMITH, Jr., and wife, Roberta K. Smith, C. L. Pemberton, Trustee, and the First National Bank of Danville, Defendants.

Supreme Court of North Carolina.

June 2, 1965.


Attorney(s) appearing for the Case

Gwyn & Gwyn, Reidsville, for defendant appellants.

Burns, Long & Burns, Roxboro, Pemberton & Blackwell, Yanceyville, Charles F. Rouse, Raleigh, for petitioner appellee.


PER CURIAM.

Appellants' first assignment of error, and the one principally relied on in the oral argument, is the denial of their motion to set the verdict aside. The motion is based on the fact that C. L. Pemberton, who, as trustee in the deed of trust described in section 6 of the petition, and for that reason a defendant herein, took an active part as counsel for petitioner in the trial of the case. This dual relationship of defendant and counsel for petitioner...

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