ETHERIDGE v. ETHERIDGE

No. 781SC341.

255 S.E.2d 729 (1979)

41 N.C. App. 44

E. Ray ETHERIDGE and Fred G. Etheridge v. Doc Horace ETHERIDGE, Jr.

Court of Appeals of North Carolina.

May 1, 1979.


Attorney(s) appearing for the Case

White, Hall, Mullen, Brumsey & Small by Gerald F. White and John H. Hall, Jr., Elizabeth, for plaintiffs-appellees.

Twiford, Trimpi & Thompson by John G. Trimpi, Elizabeth, for defendant-appellant.


MORRIS, Chief Judge.

We will first discuss the questions presented by defendant's appeal and then we will address plaintiffs' petition for certiorari.

Defendant's Appeal

Prior to the hearing on plaintiffs' motion for summary judgment, defendant filed two affidavits for consideration by the court. At the hearing, the court refused to allow them into evidence. Defendant excepted to the ruling as to each affidavit. These exceptions form the basis...

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