Miller v. Wright

There is no evidence in the record to show that the plaintiff has been issued letters of administration upon the estate of Jerry Donald Miller. The allegation in the complaint that he is such administrator not being admitted in the answer, this is sufficient ground for affirmance of the judgment of nonsuit. Kinlaw v. R. R., 269 N.C. 110, 152 S.E. 2d 329; Graves v. Welborn, 260 N.C. 688, 133 S.E. 2d 761; Carr v. Lee, 249 N.C. 712, 107 S.E. 2d 544.

The judgment of nonsuit must also be affirmed for the reason that the evidence of the plaintiff, considered in the light most favorable to him, does…