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THARPE v. BREWER

No. 7023SC112.

172 S.E.2d 919 (1970)

7 N.C. App. 432

Margaret Louise THARPE v. Stacy BREWER and Joy Dowell Swalm.

Court of Appeals of North Carolina.

Certiorari Denied May 12, 1970.

Attorney(s) appearing for the Case

Franklin Smith, Elkin, for plaintiff appellant-appellee.

Moore & Rousseau, by Julius A. Rousseau, Jr., North Wilkesboro, for defendant, Swaim, appellee.

McElwee, Hall & Herring, by John E. Hall, North Wilkesboro, for defendant, Brewer, appellant.

HEDRICK, Judge.

Appeal as to Plaintiff Tharpe

The plaintiff's main exception and assignment of error, upon which her appeal turns, is to the judgment of nonsuit entered at the close of the plaintiff's evidence upon the motion of the defendant Swaim.

In considering a motion for judgment as of nonsuit, all of the evidence must be taken in the light most favorable to the plaintiff. Lienthall v. Glass, 2 N.C. App. 65

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