WILLIAMS v. DENNING

No. 528.

133 S.E.2d 148 (1963)

260 N.C. 540

Jesse Noah WILLIAMS and wife, Ellen Williams, t/a Southland Livestock, Inc., v. John DENNING, C. L. Denning and Kenneth Westbrook, t/a Denning-Westbrook Oil Company, Inc.

Supreme Court of North Carolina.

November 20, 1963.


Attorney(s) appearing for the Case

E. R. Temple, Smithfield, for plaintiff appellant.

Shepard, Spence & Mast, Smithfield, for defendant appellees.


PER CURIAM.

Appellant is not a "party aggrieved" and had no right of appeal from portions of the order striking the names of the individuals and the letters "t/a" from the captions of the summons and complaint and the references to said individuals from the complaint. Suffice to say, the matter so stricken was not germane to the only cause of action the complaint purports to allege, namely, a cause of action by "the plaintiff corporation" against "the defendant...

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