L. P. Ellis Motor Co. v. Belcher

Per Cueiam. Tbe issue tendered by tbe defendant at tbe close of tbe evidence was not raised by tbe pleadings. There was, therefore, no error in tbe refusal of tbe court to submit this issue to tbe jury. C. S., 582. There was no evidence at tbe trial tending to show tbat defendant bad a lien on tbe automobile in bis possession under C. S., 2435. For this reason, Johnson v. Yates, 183 N. C., 24, 110 S. E., 630, is not applicable to tbe instant case. There was no error in tbe trial of this action. Tbe judgment is affirmed. No error.