OVERTON v. BOYCE

No. 18.

112 S.E.2d 727 (1960)

252 N.C. 63

Penelope OVERTON, Alexander Badham, Pauline B. Turner and all other heirs at law of Hannibal Badham, Sr., deceased, v. Lonnie BOYCE.

Supreme Court of North Carolina.

February 24, 1960.


Attorney(s) appearing for the Case

R. Conrad Boddie, Rocky Mount, Samuel S. Mitchell, Raleigh, Chance & Mitchell, New York City, for plaintiffs appellant.

Weldon A. Hollowell, Edenton, Pritchett & Cooke, Windsor, for defendant appellee.


PER CURIAM.

This Court said in the case of Steele v. Beaty, 215 N.C. 680, 2 S.E.2d 854, 856, "A judgment in retraxit is usually based upon and follows a settlement out of court. Where the parties to an action have settled their dispute and agreed to a dismissal such dismissal is a retraxit and amounts to a decision upon the merits. (Citations omitted.) The rule seems to be universal that a judgment of dismissal...

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