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ANTHONY v. ANTHONY

No. 7025DC150.

173 S.E.2d 617 (1970)

8 N.C. App. 20

Delbert Ray ANTHONY v. Mavin Virgie ANTHONY.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Byrd, Byrd & Ervin, by John W. Ervin, Jr., and Joe K. Byrd, Morganton, for plaintiff appellee.

Simpson & Martin, by Wayne W. Martin and Dan R. Simpson, Morganton, for defendant appellant.

HEDRICK, Judge.

The first group of assignments of error in this case deal with the trial judge's sustaining a demurrer to the further answer and defense and cross action which was interposed at the conclusion of all evidence. A demurrer to a cross action must be overruled if the allegations of the answer will entitle the defendant to any affirmative relief. Ayers v. Ayers, 269 N.C. 443, 152 S.E.2d 468

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