BECKER COUNTY SAND & GRAVEL COMPANY v. TAYLOR

No. 605.

153 S.E.2d 19 (1967)

269 N.C. 617

BECKER COUNTY SAND & GRAVEL COMPANY v. A. R. TAYLOR, Administrator of Mary Jane (Mollie) Gilchrist Estate, Deceased, W. C. Gilchrist and wife, Clara Gilchrist, Elsie T. Wester and husband, Horace Wester, Clara T. Brown and husband, W. Hal Brown, Gertrude T. Myers and husband, Fred Myers, and Wayne Brown and wife, Dorothy Brown.

Supreme Court of North Carolina.

March 8, 1967.


Attorney(s) appearing for the Case

Edgar R. Bain, Lillington, for plaintiff appellant.

Robert B. Morgan and Robert H. Jones, Lillington, for defendant, appellee.


BRANCH, Justice.

G.S. § 1-276 provides in pertinent part: "Whenever a civil action or special proceeding begun before the clerk of a superior court is for any ground whatever sent to the superior court before the judge, the judge has jurisdiction; and it is his duty, upon the request of either party, to proceed to hear and determine all matters in controversy in such action * * *." However, G.S. § 1-272 provides in pertinent part: "But an appeal can only...

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