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COLLINS v. SIMMS

No. 32.

118 S.E.2d 402 (1961)

254 N.C. 148

Marshall C. COLLINS, Edwin Moore, Haywood Wise, George Midgett, Alfonzo Scarborough and Dave Alexander, Deacons of the Haven Creek Baptist Church, Manteo, N. C., Acting as Trustees Holding Title to the Property of the Church, and Marshall C. Collins, Edwin Moore, Haywood Wise, George Midgett, Alfonzo Scarborough and Dave Alexander, Individually for Themselves as Members of said Church and for such other Members of such Church as may make Themselves Parties to this Action, Plaintiffs, v. Reverend J. C. SIMMS, Defendant.

Supreme Court of North Carolina.

March 1, 1961.

Attorney(s) appearing for the Case

Frank B. Aycock, Jr., Elizabeth City, for plaintiffs, appellees.

James R. Walker, Jr., Weldon, for defendant, appellant.

PARKER, Justice.

Defendant has one exception, and that is to the judgment of Judge Bone. This presents only the face of the record for inspection or review. King v. Rudd, 226 N.C. 156, 37 S.E.2d 116; Sprinkle v. City of Reidsville, 235 N.C. 140, 69 S.E.2d 179.

The face of the record shows that summons was duly served on defendant on 20 February 1960, and at the same time a copy of the summons...

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