Burton v. Matthews, 250 N.C. 236 (1959)

April 29, 1959 · Supreme Court of North Carolina
250 N.C. 236

OTTWAY BURTON v. DANIEL LEWIS MATTHEWS, and wife ETTA MATTHEWS, and LEE BROWN.

(Filed 29 April, 1959.)

Appeal by plaintiff from Johnston, J., November Term, 1958, of Randolph.

Civil action to recover compensation for services.

Prior to trial, demurrers by defendants Etta Matthews and Lee Brown were sustained; and, as to them, the action was dismissed. Plaintiff did not except to or appeal from those rulings.

At trial, the jury, -answering the one issue submitted, found that plaintiff was entitled to recover from defendant Daniel Lewis Matthews the sum of $100.00. Judgment, in accordance with verdict, was entered. Plaintiff excepted and appealed, assigning error’s.

Don Davis for plaintiff, appellant.

No counsel contra.

PER Curiam.

While each of plaintiff’s assignments has been care*237fully considered, none discloses prejudicial error or merits particular discussion. Hence, the verdict and judgment will not be disturbed.

No error.