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MICA INDUSTRIES, INC. v. PENLAND

No. 19.

107 S.E.2d 120 (1959)

249 N.C. 602

MICA INDUSTRIES, INC. v. L. S. PENLAND and J. Harry Thomas, Sheriff of Macon County, N. C.

Supreme Court of North Carolina.

February 25, 1959.

Attorney(s) appearing for the Case

Jones & Jones, Franklin, and Ward & Bennett, Asheville, for plaintiff, appellant.

Marcellus Buchanan, Sylva, and J. H. Stockton, Franklin, for defendants, appellees.

BOBBITT, Justice.

The only question presented is whether the court erred in sustaining the demurrer to amended complaint. (The judgment did not dissolve the restraining order, nor did it dismiss the action.)

Plaintiff does not attack the judgment or the execution. But the judgment is against Minerals Processing Company, not against plaintiff; and the execution authorizes the sheriff to levy on and to sell property of Minerals Processing Company, not property...

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