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BRASWELL v. ATLANTIC COAST LINE R. CO.

No. 671.

65 S.E.2d 226 (1951)

233 N.C. 640

BRASWELL v. ATLANTIC COAST LINE R. CO.

Supreme Court of North Carolina.

May 23, 1951.

Attorney(s) appearing for the Case

Nance & Barrington and Robert H. Dye, all of Fayetteville, for plaintiff, appellant.

Shepard & Wood, Smithfield, for defendant, appellee.

DEVIN, Justice.

The defendant's motion was based on the following uncontroverted facts: Summons in the above entitled action was issued November 16, 1950, and at same time order was made by the clerk extending the time for filing complaint for 20 days. The summons and copy of the order of extension were duly served on the defendant on the same day. December 5 following, and within the 20 days, plaintiff filed his complaint, but no order was made by the clerk directing...

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