WILSON v. UTAH CONSTRUCTION COMPANY

No. 399.

89 S.E.2d 864 (1955)

243 N.C. 96

Betty WILSON, Widow and Guardian for Larry Joe Phillips, William Randle Wilson, Janice Jean Wilson, and Beverly Ann Wilson, Minor Children, George T. Blackburn, Next Friend for Verline Mealer, Billy Mealer (Wilson), Jeannine Mealer, and Wendom Mealer York, Minor Children, J. T. Wilson, Admr. of Estate, Billy Wilson, Deceased (Employee), claimants v. UTAH CONSTRUCTION COMPANY (Employer), Employers Mutual Liability Insurance Company (Carrier).

Supreme Court of North Carolina.

November 9, 1955.


Attorney(s) appearing for the Case

Blackburn & Blackburn, Henderson, for appellant.

Charles E. Hamilton, Jr., and Wade W. Mitchem, Jr., Gastonia, for Betty Wilson, widow and guardian for Larry Joe Phillips, William Randle Wilson, Janice Jean Wilson and Beverly Ann Wilson, minor children, appellee.

Perry & Kittrell, Henderson, for defendant appellees.


BARNHILL, Chief Justice.

Counsel for the Mealers moved the court below to dismiss the appeal of the Wilsons from the award made by the Industrial Commission. The motion is grounded upon the fact that the bill of exceptions and assignments of error relied on by the Wilsons were not served together with the service of the notice of appeal. The guardian excepts to the ruling of the court denying the motion. The exception is without merit.

The award was made 3...

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