Owen v. Williams

• Decision Date: 19 May 1937
• Docket Number: 671.
• Citation: 191 S.E. 328,211 N.C. 742
• Parties: OWEN v. WILLIAMS (two cases).
• Court: North Carolina Supreme Court

191 S.E. 328

211 N.C. 742

OWEN v. WILLIAMS (two cases).

No. 671.

Supreme Court of North Carolina

May 19, 1937

Appeal from Superior Court, Davidson County; Frank M. Armstrong, Judge.

Actions by Alma F. Owen and Young Owen against Henry Williams, administrator, which were consolidated by consent and tried together. From a verdict and judgment for the plaintiff in each case, the defendant appeals.

Affirmed.

In actions by husband and wife to recover for services rendered to defendant's intestate during her lifetime, verdicts and judgments for plaintiffs would be upheld, where there was no motion to nonsuit and record was barren of any exceptive assignment of error predicable of a new trial.

Civil actions brought separately by husband and wife to recover for services rendered defendant's intestate during her lifetime, by consent consolidated and tried together.

From verdict and judgment for plaintiff in each case, the defendant appeals, assigning errors.

W. O. Burgin and Phillips & Bower, all of Lexington, for appellant.

Don A. Walser and J. Lee Wilson, both of Lexington, and Carl C. Wilson, of Thomasville, for appellees.

PER CURIAM.

It may be fairly debatable whether the case falls in the category of Nesbitt v. Donoho, 198 N.C. 147, 150 S.E. 875, or Staley v. Lowe, 197 N.C. 243, 148 S.E. 240, but, as there was no motion to nonsuit, and the record is barren of any exceptive assignment of error predicable of a new trial, the verdicts and judgments will be upheld. See Farmers' Bank v. McCullers, 201 N.C. 412, 160 S.E. 497; Edwards v. Matthews, 196 N.C. 39, 144 S.E. 300; Winkler v. Killian, 141 N.C. 575, 54 S.E. 540, 115 Am.St.Rep. 694.

No error.