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CARTER v. SCHEIDT

No. 528.

136 S.E.2d 105 (1964)

261 N.C. 702

Folger L. CARTER, Petitioner, v. Edward SCHEIDT, Commissioner of Motor Vehicles of North Carolina, Respondent.

Supreme Court of North Carolina.

April 29, 1964.

Attorney(s) appearing for the Case

L. T. Hammond, Sr., and L. T. Hammond, Jr., Asheboro, for petitioner appellant.

T. W. Bruton, Atty. Gen., and Ray B. Brady, Asst. Atty. Gen., for respondent appellee.

BOBBITT, Justice.

Following provisions with reference to the aggrieved party's petition and the Commissioner's answer, G.S. § 20-279.2(b), in pertinent part, provides:

"(b) * * * At the hearing upon the petition the judge shall sit without the intervention of a jury and shall receive such evidence as shall be deemed by the judge to be relevant and proper. Except as otherwise provided in this section, upon the filing of the petition herein provided for...

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