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CONSOLIDATED VENDING CO. v. TURNER

No. 276.

148 S.E.2d 531 (1966)

267 N.C. 576

CONSOLIDATED VENDING CO., Inc. v. Curtis M. TURNER and O. Bruton Smith.

Supreme Court of North Carolina.

June 16, 1966.

Attorney(s) appearing for the Case

Craighill, Rendleman & Clarkson, by Francis O. Clarkson, Jr., and John R. Ingle, Charlotte, for defendant appellant.

Hugh M. McAulay, Charlotte, for plaintiff appellee.

LAKE, Justice.

It was not error to strike from the record on this appeal the charge of the presiding judge at the former trial. A mistrial having then been ordered, the rulings of the judge presiding at that trial as to the admissibility of evidence offered before him, are in no way determinative of the admissibility of like evidence upon a subsequent trial or of the defendant's right to amend or need to amend his answer. There is no reason to suppose that the defendant...

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