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TOWN OF MEBANE v. IOWA MUT. INS. CO.

No. 7515SC534.

220 S.E.2d 623 (1975)

28 N.C. App. 27

TOWN OF MEBANE v. IOWA MUTUAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

December 17, 1975.

Attorney(s) appearing for the Case

Allen, Allen & Bateman by J. Kent Washburn, Burlington, for plaintiff-appellant.

Henson, Donahue & Elrod by Perry C. Henson and Kenneth R. Keller, Greensboro, for defendant-appellee.

ARNOLD, Judge.

This case presents the troublesome question of when an attorney may testify on behalf of a client and not withdraw as trial counsel. The weight of authority in this country is that while it is a breach of professional ethics for an attorney for a party to testify as to matters other than formal matters without withdrawing from the litigation, he is not incompetent so to testify. The testimony is admissible if otherwise competent. 118 A.L.R. 954 (1939...

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