CHIPPS v. RACKLEY

No. 745DC174.

204 S.E.2d 714 (1974)

21 N.C. App. 448

William Harry CHIPPS, Jr. v. Monty Davis RACKLEY and Jo Ann Gainey Rackley.

Court of Appeals of North Carolina.

May 1, 1974.


Attorney(s) appearing for the Case

William K. Rhodes, Jr., by Jay D. Hockenbury, Wilmington, for plaintiff appellant.

Smith & Spivey by Jerry L. Spivey, Wilmington, for defendant appellees.


VAUGHN, Judge.

Plaintiff's motion for a directed verdict on the counterclaim was properly denied. The case was one for the jury. Careful consideration of the charge, however, leads us to the conclusion that, although the judge fully recapitulated the evidence and properly declared the law in general terms, there was an insufficient application of the law to the facts of the case then being tried. Additionally, upon retrial, since the application of the family purpose...

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