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STATE v. STATE

No. 450.

89 S.E.2d 727 (1955)

243 N.C. 12

STATE of North Carolina ex rel. UTILITIES COMMISSION and the Alexander Railroad Company et al. v. STATE of North Carolina; the Department of Agriculture of the State of North Carolina; the North Carolina State Grange; the Farmers Cooperative Council; the Farmers Cooperative Exchange; and the North Carolina Farm Bureau Federation.

Supreme Court of North Carolina.

November 2, 1955.

Attorney(s) appearing for the Case

W. T. Joyner, H. E. Powers, Raleigh, A. J. Dixon, H. J. Karison, Washington, D. C, for petitioners-appellants.

Harry McMullan, Atty. Gen., I. Beverly Lake and John H. Paylor, Asst. Attys. Gen., for the State and Department of Agriculture of North Carolina, appellees.

Broughton & Broughton, Raleigh, for North Carolina Farm Bureau Federation, North Carolina State Grange, Farmers Cooperative Council, and Farmers Cooperative Exchange, appellees.

BARNHILL, Chief Justice.

The order entered herein by Harris, J., on 4 February 1954, at Chapel Hill, N. C., was signed out of the County of Wake and out of the District without notice to the adversary parties and without consent that the cause might be thus heard. The order is void. Patterson v. Patterson, 230 N.C. 481, 53 S.E.2d 658; Shepard v. Leonard, 223 N.C. 110, 25 S.E.2d 445, and cases cited; Jeffreys v. Jeffreys, 213 N.C. 531, 197 S.E. 8; Collins v. Wooten...

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