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CRAWFORD v. HUDSON

No. 6921SC35.

165 S.E.2d 557 (1969)

3 N.C. App. 555

Herman James CRAWFORD v. Hinton G. HUDSON, Jr., Guardian ad Litem for William James Hayden.

Court of Appeals of North Carolina.

February 5, 1969.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, by Allan R. Gitter, Winston-Salem, and Jimmy H. Barnhill for plaintiff appellant.

Hudson, Petree, Stockton, Stockton & Robinson, by R. M. Stockton, Jr., J. Robert Elster, Winston-Salem, and James H. Kelly for defendant appellee.

CAMPBELL, Judge.

At the outset we note the complaint does not state that the plaintiff is the surviving father of his deceased "unemancipated" minor son. While it would be preferable to use the word "unemancipated", failure to do so is not fatal. Therefore, the demurrer should not have been sustained and the action dismissed, if the plaintiff has otherwise stated a cause of action.

The question, therefore, presented...

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