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MILLER v. BELK

No. 7326SC44.

196 S.E.2d 44 (1973)

18 N.C. App. 70

Peggy Sells MILLER, Individually and as Administratrix of the Estate of William Herbert Miller v. B. V. BELK, Jr., et al.

Court of Appeals of North Carolina.

Certiorari Denied July 12, 1973.

Attorney(s) appearing for the Case

Gene H. Kendall, Charlotte, for plaintiff appellee.

John B. Whitley, Charlotte, for defendant appellant.

Certiorari Denied by Supreme Court July 12, 1973.

BRITT, Judge.

Defendant's first principal contention on appeal is that the complaint does not state a claim upon which relief can be granted and that this is necessary to support a default judgment. In determining the sufficiency of a complaint, we are guided by Justice Sharp's discussion on the subject in Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161

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