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SIMMONS v. ROGERS

No. 595.

100 S.E.2d 849 (1957)

247 N.C. 340

G. E. SIMMONS v. Willie Buck ROGERS and Shirley Jean Rogers, a minor, and Willie Buck Rogers, as guardian ad litem for Shirley Jean Rogers.

Supreme Court of North Carolina.

December 11, 1957.

Attorney(s) appearing for the Case

Haworth & Haworth, High Point, and Jordan, Wright & Henson, Greensboro, for defendant appellants.

Smith, Moore, Smith, Schell & Hunter, Greensboro, and Richmond G. Bernhardt, Jr., Greensboro, for plaintiff appellee.

DENNY, Justice.

It appears from a motion filed in this Court that the defendant Willie Buck Rogers died intestate on 12 June 1957. That on 15 August 1957, while this cause was pending in the Supreme Court, Lucille Rogers was duly appointed administratrix of the estate of Willie Buck Rogers. It further appears from the motion that when this action was instituted on 5 April 1956 the defendant Shirley Jean Rogers was a minor...

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