CITY OF WILMINGTON v. MERRICK

No. 602.

56 S.E.2d 643 (1949)

231 N.C. 297

CITY OF WILMINGTON et al. v. MERRICK et al.

Supreme Court of North Carolina.

December 14, 1949.


Attorney(s) appearing for the Case

G. C. McIntire, Wilmington, for plaintiffs-appellants.

J. H. Ferguson, Wilmington, for R. L. Lewis, purchaser at foreclosure sale.

Hogue & Hogue, Wilmington, for defendants-appellees.


BARNHILL, Justice.

The many alleged defects in the proceeding appearing on the face of this record invite much writing which in the end would serve no useful purpose. In the final analysis the appeal presents two questions: (1) Were the movants made parties defendant herein so that they are bound by the judgment entered, and, if not, (2) Did they, by their general appearance and motion to vacate the judgment, waive the defect? We are constrained to answer each question...

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