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KANOY v. HINSHAW

No. 450.

160 S.E.2d 296 (1968)

273 N.C. 418

Frances D. KANOY v. Emory Ray HINSHAW and Security Mills of Greensboro, Inc. Connie Reid KANOY, by his Next Friend, Francis V. Kanoy, v. Emory Ray HINSHAW and Security Mills of Greensboro, Inc.

Supreme Court of North Carolina.

April 10, 1968.

Attorney(s) appearing for the Case

W. H. Steed, Thomasville, and Walser, Brinkley, Walser & McGirt, Lexington, for plaintiffs.

Sapp & Sapp and Rollins & Rollins, Greensboro, for defendants.

BRANCH, Justice.

Plaintiffs assign as error the trial court's action in consolidating the two cases for trial. This assignment of error is based on an exception duly taken. Fleming v. Holleman, 190 N.C. 449, 130 S.E. 171.

Appellants rely on the language contained in the case of Dixon v. Brockwell, 227 N.C. 567, 42 S.E.2d 680, where Winborne, J., (later C. J.) stated:

"It is appropriate to say that consideration of this appeal leads to the conclusion...

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