#### THEOPHILUS A. ODOM v. THE EQUITABLE LIFE ASSURANCE SOCIETY.

(Filed 11 April, 1934.)

Appeal by defendant from Grady, J., at October Term, 1933, of Sampson.

Civil action to recover on total and presumably permanent disability clauses in a number of life insurance policies.

Upon denial of liability and issues joined, there was a verdict and judgment for plaintiff, from which the defendant appeals, assigning errors.

P. D. Herring and Butler & Builer for plaintiff.

Fair cloth & Fisher and S. Brown Shepherd for defendant.

Per Curiam.

The record contains no exceptive assignment of error upon which a new trial could be ordered or a reversal based. It results, therefore, that the trial will remain undisturbed. Mitchell v. Assurance Society, 205 N. C., 721; Short v. Ins. Co., 194 N. C., 649, 140 S. E., 302.

No error.