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KELLY v. PIPER

No. 387.

89 S.E.2d 764 (1955)

243 N.C. 54

Vermelle C. KELLY v. Caesar Bacchus PIPER, Jr., H. F. Ashburn and John Wesley Ashburn, and H. F. Ashburn as Guardian ad Litem for John Wesley Ashburn.

Supreme Court of North Carolina.

November 2, 1955.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor, Winston-Salem, for defendants Ashburn appellants.

Smith, Moore, Smith & Pope, Greensboro, for defendant Piper appellee.

PER CURIAM.

The judgment or order from which this appeal is taken was entered by the judge in the exercise of his discretionary power. Ordinarily such appeal is premature, and will be dismissed.

Nevertheless, the Court takes notice of its decision entered co-temporaneously herewith by which error is found in the judgment sought to be pleaded, and a new trial is ordered therein. Piper v. Ashburn,

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