DEFOE v. TOWN OF RUTHERFORDTON

No. 4806.

122 F.2d 342 (1941)

DEFOE v. TOWN OF RUTHERFORDTON.

Circuit Court of Appeals, Fourth Circuit.

September 4, 1941.


Attorney(s) appearing for the Case

Charles A. Hines, of Greensboro, N.C. (Norman A. Boren, of Greensboro, N.C., Richard M. Maxwell, of Charlotte, N.C., and Hines & Boren, of Greensboro, N.C., on the brief), for appellant.

Clyde R. Hoey, of Shelby, N.C. (Edwards & Edwards and Woodrow Jones, all of Rutherfordton, N.C., on the brief), for appellee.

Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal from an order reducing the amount directed to be paid in a writ of mandamus. On April 22, 1938, the plaintiff, Frederick W. DeFoe, obtained judgment against the town of Rutherfordton, N.C. in the sum of $5,301.25. On August 13, 1938, upon hearing duly had, a peremptory writ of mandamus was entered directing the town to pay the judgment in the following manner, viz.: $1,000 on or before September 1, 1938, $1,425 on or before...

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