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HAYES v. RICARD

No. 253.

112 S.E.2d 123 (1960)

251 N.C. 485

Virginia Lamm HAYES and husband, J. F. Hayes, Bessie H. Lamm, Zelma Lamm Poythress and husband, T. M. Poythress, Tempie Ann Hayes and Jack Thomas Hayes, Infants appearing herein by their Next Friend, J. W. Harrison, v. Eunice Williamson Decker RICARD and Free Will Baptist Orphanage, Inc., and H. G. Connor and Charles B. McLean, Trustee.

Supreme Court of North Carolina.

January 14, 1960.

Attorney(s) appearing for the Case

Lamb, Lamb & Daughtridge by Vernon F. Daughtridge, Jr., Wilson, and Cooley & May by Hubert E. May, Nashville, for plaintiffs, appellants.

Gardner, Connor & Lee, Wilson, for defendants Eunice W. Ricard, H. G. Connor and Charles B. McLean, Trustee, Appellees.

PARKER, Justice.

On 5 September 1958 the defendants Ricard, Connor, and McLean, Trustee, requested the Clerk of the Superior Court of Wilson County to place this action on the pre-trial docket. On 7 January 1959, Judge Frizzelle ordered that this case be set for trial peremptorily as the first case for trial at the June 1959 Civil Term of the Superior Court of Wilson County.

At the June 1959 Term, Judge Frizzelle entered what is designated as a "Pre-Trial...

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