GLOVER v. SPINKS

No. 7119SC602.

183 S.E.2d 262 (1971)

12 N.C. App. 380

Alvesta Spinks GLOVER, unmarried, et al., Petitioners, v. Lonnie A. SPINKS and wife, Annie Spinks, Respondents.

Court of Appeals of North Carolina.

September 15, 1971.


Attorney(s) appearing for the Case

Hoyle, Hoyle & Boone, by Harry Rockwell and John T. Weigel, Jr., Greensboro, for petitioner appellees.

Miller, Beck & O'Briant, by G. E. Miller and F. Stephen Glass, Asheboro, for respondent appellants.


CAMPBELL, Judge.

The Respondent brings forward five assignments of error in his brief which we will discuss in order.

1. The denial of trial by jury. The demand for jury trial was not made in compliance with Rule 38 of the Rules of Civil Procedure. There was no controversy as to any of the facts and therefore no issue of fact to be determined by a jury. The denial of a jury trial was not error.

2. The Respondent asserts that Maggie Spinks was required...

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