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TOWN OF MORGANTON v. HUTTON & BOURBONNAIS CO.

No. 307.

101 S.E.2d 679 (1958)

247 N.C. 666

TOWN OF MORGANTON v. HUTTON & BOURBONNAIS COMPANY.

Supreme Court of North Carolina.

January 31, 1958.

Attorney(s) appearing for the Case

Patrick & Harper, Charles D. Dixon, Hickory, and Frank C. Patton, Morganton, for defendant, appellant.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, John H. McMurray, Livingston Vernon, Sam J. Ervin, III, and H. L. Riddle, Jr., Morganton, for plaintiff, appellee.

JOHNSON, Justice.

On authority of the decision in Edmondson v. Henderson, 246 N.C. 634, 99 S.E.2d 869, and cases there cited, it is apparent that we have here a fatal defect of necessary parties. In the Edmondson case we had for construction a last will and testament. Here we have, among other questions, the interpretation and construction of a judgment...

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