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PHELPS v. McCOTTER

No. 99.

112 S.E.2d 736 (1960)

252 N.C. 66

W. B. PHELPS v. S. F. McCOTTER and L. G. McCotter.

Supreme Court of North Carolina.

February 24, 1960.

Attorney(s) appearing for the Case

R. E. Whitehurst and David S. Henderson, New Bern, for plaintiff, appellee.

Sam J. Morris and J. W. Hinsdale, Raleigh, for defendants, appellants.

PER CURIAM.

Defendants' only assignment of error is to the denial by the court of their motion for consolidation for trial of the instant case and the special proceeding for actual partition.

Whether or not consolidation of cases for trial, where permissible, will be ordered is in the discretion of the court. Horton v. Perry, 229 N.C. 319, 49 S.E.2d 734; Peeples v. Seaboard Air Line R. Co.; (Edwards v. Seaboard Air Line R. Co.; Kearney v. Seaboard Air Line...

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