MADIGAN v. JENKINS

No. 7610DC460.

229 S.E.2d 213 (1976)

Davis R. MADIGAN v. Aubrey V. JENKINS and Fannie F. Jenkins.

Court of Appeals of North Carolina.

November 3, 1976.


Attorney(s) appearing for the Case

Smith, Anderson, Blount & Mitchell by C. Ernest Simons, Jr., and Joseph E. Kilpatrick, Raleigh, for plaintiff-appellee.

Basil L. Sherrill, Raleigh, for defendants-appellants.


BRITT, Judge.

By their first assignment of error defendants contend the court erred in admitting certain photographs into evidence. The photographs are not included as a part of the record on appeal, therefore, we cannot consider this assignment and it is overruled.

By their two remaining assignments of error, defendants contend the court erred (1) in granting judgment based upon evidence at variance with the complaint...

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