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242 N.C. 599

Hensley v. Harris

Supreme Court of North Carolina

Decided September 21, 1955

Supreme Court of North Carolina · decided 1955-09-21

Relies on Etheridge v. . Etheridge · Etheridge v. Etheridge

Decided 1955-09-21

PeR Cukiam.

¶1Plaintiff produced ample evidence to require the submission of issues to a jury. Etheridge v. Etheridge, 222 N.C. 616, 24 S.E. 2d 477. To claim the benefits of G.S. 20-71.1, it was necessary for the plaintiff to show that she instituted her action within twelve months after the accident. For this purpose she offered the paper or document on which appeared the summons, the affidavit, the warrant of attachment, and the return of the officers. Appellant did not move that the admission of the document be limited to this purpose, and it does not appear in the record that the contents of the writ of attachment were ever read to the jury. Exception thereto is without merit.

¶2The defendant has had a fair trial in which the court made a commendably accurate application of the provisions of G.S. 20-71.1, and the jury has decided, the facts adverse to the defendant. As no reversible error is made to appear, the judgment entered in the court below must be

¶3Affirmed.

WiNboene and HiggiNS, JJ., took no part in the consideration or decision of this case.
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