VAIL v. VERMONT MUTUAL FIRE INSURANCE COMPANY

No. 7218SC355.

189 S.E.2d 527 (1972)

14 N.C. App. 726

W. C. VAIL and wife, Mamie S. Vail v. VERMONT MUTUAL FIRE INSURANCE COMPANY.

Court of Appeals of North Carolina.

June 28, 1972.


Attorney(s) appearing for the Case

Sprinkle, Coffield & Stackhouse by H. Irwin Coffield, Jr., High Point, for plaintiffs appellees.

Bencini, Wyatt, Early & Harris by A. Doyle Early, Jr., High Point, for defendant appellant.


BRITT, Judge.

In its first assignment of error defendant contends that the court erred in overruling defendant's demurrer to the complaint, in not allowing defendant's motion for involuntary dismissal pursuant to Rule 41(b), and in signing and entering the judgment.

Defendant concedes in its brief that its demurrer to the complaint (filed 5 December 1968 before the effective date of the new Rules of Civil Procedure) was properly overruled on 17 January 1969...

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