MABE v. GREEN

No. 608.

154 S.E.2d 91 (1967)

270 N.C. 276

Abraham Lincoln MABE, Plaintiff, v. William Clyde GREEN, Ruth Teague O'Quinn and Daniel Halford O'Quinn, Defendants.

Supreme Court of North Carolina.

May 3, 1967.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

Cooke & Cooke, Greensboro, for William Clyde Green, defendant appellee.


PER CURIAM:

The ruling of the court sustaining the demurrer is affirmed under the authority of Hout v. Harvell, N.C., 154 S.E.2d 41. The court erred, however, in dismissing the action as to defendant Green. Plaintiff was entitled to move under G.S. § 1-131 for leave to amend. The record shows no such motion and contains no order denying such permission. In the event plaintiff fails to apply for and to obtain leave to amend...

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