Supreme Court of North Carolina September 22, 1943 (Gibbs v. . Russ)

WiNBORNE, J.

The question involved on this appeal is worded in the brief of the counsel for plaintiff in this manner: “Another nonsuit, of course; this time voluntary, but enforced by exclusion of essential testimony, to wit, that part of the evidence of defendant Russ contained in his examination by plaintiff before the clerk, which appears from the middle of page 2 to bottom of page 4 of the