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VOORHEES v. GUTHRIE

No. 703SC423.

175 S.E.2d 614 (1970)

Edwin H. VOORHEES and wife, Mildred B. Voorhees v. Vernon C. GUTHRIE and wife, Elma W. Guthrie.

Court of Appeals of North Carolina.

August 5, 1970.

Attorney(s) appearing for the Case

Nelson W. Taylor, Beaufort, for plaintiffs.

Boshamer & Graham, by Otho L. Graham, Morehead City, for defendants.

BROCK, Judge.

The charge of the court to the jury contains inadvertent expressions of opinion which entitle defendants to a new trial. The manner of stating the contentions of the parties, if indicative of the court's opinion, is within the prohibition of G.S. § 1-180. Bailey v. Hayman, 220 N.C. 402, 17 S.E.2d 520. And exceptions to an expression of opinion in the statement of contentions may be taken by the aggrieved party for the first time upon appeal. State...

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