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HOWLAND v. STITZER

No. 100.

84 S.E.2d 167 (1954)

240 N.C. 689

William A. H. HOWLAND v. Amber Justiz STITZER, now remarried and known as Mrs. Sherman Hawes, Jr.; and First National Bank and Trust Company in Asheville, North Carolina, a Corporation.

Supreme Court of North Carolina.

October 13, 1954.

Attorney(s) appearing for the Case

William J. Cocke, and C. N. Malone, Asheville, Charles Rothenberg, New York City, of counsel, for plaintiff.

David H. Armstrong, Troy, for defendant-appellant.

DENNY, Justice.

Certain phases of the litigation involved in this appeal have been before us on two former appeals. The first action was instituted on 5th December, 1949, and the appeal therein was heard at the Spring Term 1950, and the opinion of this Court, dismissing the action, is reported in 231 N.C. 528, 58 S.E.2d 104.

The present action was instituted on 24th January, 1952 and was heard...

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