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JOURNEYS INTERN., INC. v. CORBETT

No. 815SC31.

280 S.E.2d 5 (1981)

JOURNEYS INTERNATIONAL, INC., and Concrete Service Co. of Jacksonville, Inc., t/b/a L. R. Armstrong & Sons v. Robert Hugh CORBETT, Trustee, and Superior Machine Shop, Inc.

Court of Appeals of North Carolina.

July 7, 1981.

Attorney(s) appearing for the Case

James A. MacDonald, Wilmington, for petitioner-appellee Journeys International, Inc.

Elton G. Tucker, Wilmington, for petitioner-appellee Concrete Service of Jacksonville, Inc.

James L. Nelson, Raleigh, for respondent-appellant Robert Hugh Corbett.

Louis A. Burney, Wilmington, for respondent-appellant Superior Machine Shop, Inc.

WEBB, Judge.

The motion to dismiss deals with jurisdiction over property of the respondents and is appealable under G.S. 1-277(b).

The appellants assign error to the ruling by the superior court without an appeal from the clerk. We believe this assignment of error has merit. The appellees contend that by filing the motion to dismiss, an issue of fact was raised as to the ownership of the funds and for this reason the proceedings should have been transferred...

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