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ACCIDENT INDEMNITY INSURANCE COMPANY v. JOHNSON

No. 593.

136 S.E.2d 95 (1964)

261 N.C. 778

ACCIDENT INDEMNITY INSURANCE COMPANY v. Robert Lee JOHNSON.

Supreme Court of North Carolina.

May 6, 1964.

Attorney(s) appearing for the Case

Forman, Zuckerman & Scheer, Greensboro, for plaintiff appellant.

Alston & Price, Greensboro, for defendant appellee.

DENNY, Chief Justice.

The motion to dismiss allowed in the Municipal-County Court of Guilford County and affirmed upon appeal to the Superior Court of said county, was based upon Rule 23 of Chapter 971 of the 1955 Session Laws of North Carolina, which in pertinent part reads as follows: "Unless ordered by the judge, and except in cases where the plaintiff, as hereinafter provided, elects to file or is required to file a written complaint, it shall not be necessary...

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