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MILLER v. WRIGHT

No. 281.

158 S.E.2d 824 (1968)

272 N.C. 666

Willie L. MILLER, Administrator of the Estate of Jerry Donald Miller, Deceased v. Martha Hinson WRIGHT and Ralph Mitchell Hinson.

Supreme Court of North Carolina.

February 2, 1968.

Attorney(s) appearing for the Case

Welling & Miller, Charlotte, for plaintiff appellant.

Kennedy, Covington, Lobdell & Hickman, Charlotte, for defendant appellees.

LAKE, Justice.

There is no evidence in the record to show that the plaintiff has been issued letters of administration upon the estate of Jerry Donald Miller. The allegation in the complaint that he is such administrator not being admitted in the answer, this is sufficient ground for affirmance of the judgment of nonsuit. Kinlaw v. Norfolk Southern R. R., 269 N.C. 110, 152 S.E.2d 329; Graves v. Welborn...

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