Rowland Ex Rel. Messer v. Beauchamp

Defendant’s motion to dismiss plaintiff’s action was heard on 14 August 1959 by Burgin Pennell, Presiding Judge of the General County Court of Buncombe County. The parties stipulated that this court was duly organized and constituted according to law, and had jurisdiction of the parties and of the action. Judge Pennell in his judgment made findings of fact from facts stipulated by the parties and from the pleadings. Defendant has no exception to any of these findings of fact. The facts so found, so far as relevent to a decision of this appeal, are in summary, exfcept as quoted:

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