HERRING v. McCLAIN

No. 6910SC443.

169 S.E.2d 903 (1969)

6 N.C. App. 359

Catherine T. HERRING v. Bettie Ridley McCLAIN and John S. Herring, Jr.

Court of Appeals of North Carolina.

October 22, 1969.


Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by J. Allen Adams and E. D. Gaskins, Jr., Raleigh, for plaintiff appellee.

Maupin, Taylor & Ellis by William W. Taylor, Jr., Raleigh, for defendant appellee Herring.

Smith, Leach, Anderson & Dorsett by Willis Smith, Jr., Raleigh, for defendant appellant McClain.


BRITT, Judge.

All of the assignments of error brought forward and argued in appellant's brief relate to the trial judge's charge to the jury. Appellant contends that the court erred in certain instructions which it gave and also erred in failing to give certain instructions.

It is now the settled rule of appellate courts that verdicts and judgments will not be set aside for harmless error or for mere error and no more. To accomplish this result it must be...

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