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BOWDEN v. BOWDEN

No. 366.

141 S.E.2d 621 (1965)

264 N.C. 296

William H. BOWDEN, Petitioner, v. William C. BOWDEN et al., Additional Defendants.

Supreme Court of North Carolina.

April 28, 1965.

Attorney(s) appearing for the Case

Sasser & Duke; Goldsboro, Whitley & Nowell, Mount Olive, for plaintiff, appellant.

John S. Peacock and James N. Smith, Goldsboro, for defendant appellees.

MOORE, Justice.

Plaintiff's assignments of error are based on exceptions to the charge. The crucial question is whether the trial judge erred in instructing the jury peremptorily to answer the issues in favor of the original defendants if they found the facts "to be as all of the evidence tends to show," without instructing them that if they failed to so find they should answer the issues in favor of plaintiff and the additional...

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