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MILLS v. RICHARDSON

No. 457.

81 S.E.2d 409 (1954)

240 N.C. 187

MILLS v. RICHARDSON.

Supreme Court of North Carolina.

April 28, 1954.

Attorney(s) appearing for the Case

Thomas W. Ruffin, Raleigh, for plaintiff-appellee.

A. J. Fletcher, F. T. Dupree, Jr., G. Earl Weaver, Raleigh, for defendant.

BOBBITT, Justice.

Did the court below, at the Second February (1954) Civil Term, have authority, upon withdrawal of plaintiff's appeal, to strike out the judgment dismissing the action entered at the First February (1954) Civil Term? Authoritative decisions compel a negative answer.

The plaintiff, having appealed from the judgment entered at the First February (1954) Term, elected to abandon or withdraw her appeal. She had a legal right to do so.

However...

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