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STANLEY v. PRYDE W. BASINGER & COMPANY

No. 601.

144 S.E.2d 861 (1965)

265 N.C. 718

Joseph STANLEY v. PRYDE W. BASINGER & COMPANY, Inc., and Pryde W. Basinger.

Supreme Court of North Carolina.

November 24, 1965.

Attorney(s) appearing for the Case

Archibald C. Rufty, Salisbury, for plaintiff appellant.

Grier, Parker, Poe & Thompson by Gaston H. Gage, Charlotte, for defendants appellees.

PER CURIAM:

Had plaintiff failed to appear when this case was called for trial pursuant to the calendar, or had plaintiff refused to go to trial after being ordered to proceed, the court below, either under G.S. § 1-222(4), or in its inherent power, "could have dismissed the cause `as of nonsuit' after plaintiff had been called and failed to prosecute" his suit. Sykes v. Blakey, 215 N.C. 61, 64, 200 S.E. 910, 912. Plaintiff here, however, was present and ready...

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