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HADDOCK v. WATERS

No. 733SC429.

198 S.E.2d 21 (1973)

19 N.C. App. 81

Virginia HADDOCK and Catherine Lee v. Herman L. WATERS and wife, Evelyn Waters.

Court of Appeals of North Carolina.

July 25, 1973.

Attorney(s) appearing for the Case

David S. Henderson, New Bern, and Benjamin H. Baxter, Jr., Raleigh, for plaintiff appellees.

LeRoy Scott, Washington, and Sam O. Worthington, Greenville, for defendant appellants.

BRITT, Judge.

In their sole assignment of error, defendants contend the judgment appealed from is invalid for the reason that the court did not make findings of fact as required by G.S. § 1A-1, Rule 52. Plaintiffs contend that the judgment was based upon the consent of the parties, therefore, Rule 52 is not applicable.

The record discloses that defense counsel's tender of judgment on behalf of the male defendant...

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