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HOLSOMBACK v. HOLSOMBACK

No. 769.

161 S.E.2d 99 (1968)

273 N.C. 728

Frances Guess HOLSOMBACK v. Joseph B. HOLSOMBACK.

Supreme Court of North Carolina.

May 22, 1968.

Attorney(s) appearing for the Case

Lester W. Owen, Durham, for plaintiff appellant.

Weatherspoon & Pulley, by Joe C. Weatherspoon, Hofler, Mount & White, by Richard M. Hutson, II, Durham, for defendant appellee.

SHARP, Justice.

When statement of case on appeal to the Supreme Court has not been served on the appellee within the time allowed, G.S. § 1-287.1 requires the Superior Court judge, upon motion by the appellee, to enter an order dismissing the appeal "provided the appellant has been given at least five (5) days' notice of such motion." This section further specifically provides that it "shall not apply in any case with the respect to which there is no requirement...

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