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BARNWELL v. BARNWELL

No. 106.

85 S.E.2d 916 (1955)

241 N.C. 565

Mable Jean BARNWELL v. Thomas P. BARNWELL.

Supreme Court of North Carolina.

March 2, 1955.

Attorney(s) appearing for the Case

Sanford W. Brown and Richard L. Griffin, Asheville, for defendant, appellant.

I. C. Crawford and L. C. Stoker, Asheville, for plaintiff, appellee.

JOHNSON, Justice.

The defendant's first assignment of error, based on Exception No. 1, is that the order appealed from is void for the reason that at the time it was entered by Judge Whitmire on 3 December, 1954, the previous order entered at the May Term, 1954, was in force. The defendant takes the position that Judge Whitmire was without authority of law to enter an order superseding the former order in the absence of allegations by the plaintiff and findings of...

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