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SMITH v. CITY OF ROCKINGHAM

No. 527.

151 S.E.2d 568 (1966)

268 N.C. 697

James W. SMITH, Elizabeth W. Smith and Elizabeth N. Wall v. CITY OF ROCKINGHAM.

Supreme Court of North Carolina.

December 14, 1966.

Attorney(s) appearing for the Case

Page & Page, Rockingham, for plaintiffs.

Jones & Deane, Rockingham, for defendant.

BRANCH, Justice.

The judgment entered in this cause was a final judgment, entered in equity, and should have been granted only by the judge at the final trial of the action. Hamilton v. Icard, 112 N.C. 589, 17 S.E. 519.

G.S. § 160-90 provides: "Power to adjust assessment.—The governing body may correct, cancel or remit any assessment for a local improvement, and may remit, cancel or adjust the interest or penalties on any such assessment...

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