Legal Opinion

Streeter v. Streeter

Court of Appeals of North Carolina

Decided July 20, 1977No. 763DC906PublishedCited by 1 opinion

1Opinion of the Court

PARKER, Judge.

Plaintiff made twelve assignments of error. He discusses only the first four of these in his brief. The rest are deemed abandoned. Rule 28(a), Rules of Appellate Procedure.

In his first assignment of error plaintiff challenges the court’s conclusion that there had been “no laches on the part of the defendant who hoped for a reconciliation of her marriage and had no money for attorney’s fees.” We find no error.

Laches is an affirmative defense, G.S. 1A-1, Rule 8(c), which in this case was plaintiff’s burden to prove. Plaintiff has neither alleged nor offered any evidence to prove…

2Cases cited3 opinions

  1. GLEN FOREST CORPORATION v. BenschCourt of Appeals of North Carolina · 1970
  2. Holt v. MaySupreme Court of North Carolina · 1952
  3. Nall v. . NallSupreme Court of North Carolina · 1948

3Cited by1 opinion

  1. Larsen v. SedberryCourt of Appeals of North Carolina · 1981

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