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IONIC LODGE NO. 72 v. IONIC LODGE FREE A. & A.M. NO. 72

No. 740.

62 S.E.2d 73 (1950)

232 N.C. 648

IONIC LODGE NO. 72 F. & A. A. M. v. IONIC LODGE FREE ANCIENT & ACCEPTED MASONS NO. 72 CO. et al.

Supreme Court of North Carolina.

November 22, 1950.

Attorney(s) appearing for the Case

Elledge & Browder and Eugene H. Phillips, all of Winston-Salem, for plaintiff.

Ingle, Rucker & Ingle, Winston-Salem, for petitioners.

WINBORNE, Justice.

The ground on which the petition to rehear, now in hand, is based is that, in passing upon the question as to whether plaintiff has the legal capacity to sue in this action, the provisions of G.S. § 1-70 were not taken into consideration, and that the conclusion reached was made to rest upon statutes which are not pertinent. It is contended, and we think properly so, that the provisions of G.S. § 1-70 are pertinent to and determinative...

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