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STATE v. FIPPS

No. 687.

146 S.E.2d 395 (1966)

266 N.C. 535

STATE of North Carolina ex rel. James C. BOWMAN, Solicitor, Eighth Solicitorial District, Plaintiff, v. Howard FIPPS and Dozier Powell, Defendants. STATE of North Carolina ex rel. James C. BOWMAN, Solicitor, Eighth Solicitorial District, Plaintiff, v. Luther POWELL, Defendant.

Supreme Court of North Carolina.

February 4, 1966.

Attorney(s) appearing for the Case

John A. Dwyer, Whiteville, for plaintiff appellant.

D. Frank McGougan, Tabor City, for Howard Fipps and Dozier Powell, defendant appellees.

R. C. Soles, Jr., Tabor City, for Luther Powell, defendant appellee.

SHARP, Justice.

The difference between the judgments tendered and the judgment which the court signed is twofold: (1) The court's judgment directed that the premises be returned to the owners; the tendered judgment declared the place of business a nuisance. (2) The court's judgment made no provision for the inclusion of an attorney's fee in the costs of the proceedings; the tendered judgment directed that the costs, including...

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