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BURRELL v. DICKSON TRANSFER COMPANY

No. 389.

94 S.E.2d 829 (1956)

244 N.C. 662

Nancy Jane BURRELL v. DICKSON TRANSFER COMPANY and George Vernon Burrell.

Supreme Court of North Carolina.

October 31, 1956.

Attorney(s) appearing for the Case

Fred M. Parrish, Jr., and Ingle, Rucker & Ingle, Winston-Salem, for plaintiff, appellant.

Deal, Hutchins & Minor, Winston-Salem, for defendant Dickson Transfer Company, appellee.

BOBBITT, Justice.

It appears from recitals in the judgment of Judge Phillips that the hearing before Judge Sharp on Dickson Transfer Company's demurrer ore tenus was held 31 May, 1955; that Judge Sharp then sustained said demurrer, albeit the formal order was not signed until 7 June, 1955; and that between these dates the judgment of voluntary nonsuit as to Burrell was entered. Whether Judge Sharp on 31 May, 1955, announced a positive ruling as distinguished...

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