BOWEN v. GARDNER

No. 68SC185.

165 S.E.2d 545 (1969)

3 N.C. App. 529

Maggie A. BOWEN v. Danny Clifton GARDNER, Appearing herein by his Guardian Ad Litem, Mildred D. Gardner, and James Gardner.

Court of Appeals of North Carolina.

Certiorari Allowed April 1, 1969.


Attorney(s) appearing for the Case

Gardner, Connor & Lee by Cyrus F. Lee, Wilson, for plaintiff appellant.

Boyce, Lake & Burns, by G. Eugene Boyce, Raleigh, for defendants appellees.


FRANK M. PARKER, Judge.

At the outset, it should be noted that the minor defendant testified that he spells his first name Donny. However, in the record and the briefs, including his own brief, the defendant's first name is spelled Danny; therefore, he will be referred to in this opinion as Danny.

Appellant assigns as error the ruling of the trial court in granting the defendants' motion for judgment as of nonsuit at the close of plaintiff...

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