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CLEMENTS v. SIMMONS

No. 101.

94 S.E.2d 480 (1956)

244 N.C. 523

W. L. CLEMENTS and wife, Kate Clements, v. O. B. SIMMONS and wife, Frances Davis Simmons.

Supreme Court of North Carolina.

September 26, 1956.

Attorney(s) appearing for the Case

Harkins, Van Winkle, Walton & Buck, Asheville, for defendants, appellants.

Roy A. Taylor, Black Mountain, and Don C. Young, Asheville, for plaintiffs, appellees.

PER CURIAM.

This Court, after the first day of the Spring Term 1956, will not entertain an appeal "From an order overruling a demurrer except when the demurrer is interposed as a matter of right for misjoinder of parties and causes of action." Rule 4(a) of the Rules of the Supreme Court, 242 N.C. 766. The demurrer here is not for a misjoinder of parties and causes. The defendants' attempted appeal is dismissed by virtue...

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