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McDANIEL v. FORDHAM

No. 201.

140 S.E.2d 736 (1965)

264 N.C. 62

Nannie W. McDANIEL et al., v. R. L. FORDHAM and wife, Clarine W. Fordham, Helen W. Moore and husband, Matthew Moore.

Supreme Court of North Carolina.

March 17, 1965.

Attorney(s) appearing for the Case

Donald P. Brock, Darris W. Koonce, Trenton, for plaintiff appellees.

George R. Hughes, Trenton, Wallace & Langley, Whitaker, Jeffress & Morris, by R. A. Whitaker, Kinston, for defendant appellants.

HIGGINS, Justice.

In this case the demurrer was sustained in the Superior Court but was overruled in this Court. See 261 N.C. 423, 135 S.E.2d 22. Thereafter, the proceeding is governed by that part of G.S. § 1-131 which requires an answer within 30 days after the receipt of the certificate from the Supreme Court. Otherwise the plaintiff shall be entitled to judgment by default final or default...

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