PANHORST v. PANHORST

No. 60.

178 S.E.2d 387 (1971)

277 N.C. 664

Kennette Frazier PANHORST v. George M. PANHORST, Jr.

Supreme Court of North Carolina.

January 20, 1971.


Attorney(s) appearing for the Case

Thomas Walton and William J. Cocke, Ashville, for plaintiff appellant.

Robert E. Riddle, Asheville, for defendant appellee.


LAKE, Justice.

The jury was instructed, "If you answer the first issue NO, and thereby find that the defendant did not abandon the plaintiff, as the Court has instructed you with reference to that issue, then you would not come to consider the second issue * * *." (Emphasis added.) That is, in that event, the jury would not consider the issue of whether such abandonment was or was not without adequate cause or provocation on the part of the plaintiff.

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