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NICHOLSON v. DEAN

No. 531.

148 S.E.2d 247 (1966)

267 N.C. 375

Julia Scarborough NICHOLSON, Plaintiff, v. Joseph Lawrence DEAN, Defendant, and John Clayton SMITH, Executor of the Estate of Hartwell Vick Scarborough, Additional Defendant.

Supreme Court of North Carolina.

May 25, 1966.

Attorney(s) appearing for the Case

Crisp, Twiggs & Wells, Raleigh, for additional defendant, appellant.

Teague, Johnson & Patterson, Raleigh, for original defendant, appellee.

BOBBITT, Justice.

Smith, Executor, is the appellant. Plaintiff did not appeal.

The court instructed the jury: "If you answer the first issue, `No,' then that ends the lawsuit." Appellant assigns as error the quoted instruction. Appellant also assigns as error (a) the acceptance of the verdict and (b) the portion of the judgment denying his right to recover from Dean. These assignments, relating to the failure of the jury to answer the fourth issue, will be...

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