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DUDLEY v. DUDLEY

No. 379.

107 S.E.2d 918 (1959)

250 N.C. 95

Charlie DUDLEY, by his Next Friend, Calvin Dudley, v. Robert DUDLEY and his wife, Vera Mae Dudley.

Supreme Court of North Carolina.

April 8, 1959.

Attorney(s) appearing for the Case

Clyde C. Randolph, Jr., Robert M. Bryant, Winston-Salem, for plaintiff, appellant.

J. F. Motsinger, Winston-Salem, for defendants, appellees.

HIGGINS, Justice.

G.S. § 1-131 provides: "Within thirty days after the return of the judgment upon the demurrer, if there is no appeal, or within thirty days after the receipt of the certificate from the Supreme Court, if there is an appeal, if the demurrer is sustained the plaintiff may move, upon three days' notice, for leave to amend the complaint. If this is not granted, judgment shall be entered dismissing the action." Burrell v. Dickson Transfer Co.,

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