IN RE WILSON

No. 711DC733.

185 S.E.2d 323 (1971)

13 N.C. App. 151

In the Matter of W. L. WILSON et ux., Gladys B. Wilson, as surety In appearance bonds, ex parte.

Court of Appeals of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. William W. Melvin and Associate Atty. Louis W. Payne, Jr., for the State.

Forrest V. Dunstan and White, Hall & Mullen by Gerald F. White, Elizabeth City, for defendant appellants.


GRAHAM, Judge.

It is undisputed that the order appealed from was entered by the court ex mero motu, without any notice to appellants, and without their having opportunity to appear and be heard.

"Notice and hearing are essential to due process of law under the Fourteenth Amendment to the Constitution of the United States, and Art. 1, § 17 [now Art. 1, § 19], of the state constitution. Accordingly, in order that there be a valid adjudication...

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