STATE v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 110.

150 S.E.2d 396 (1966)

268 N.C. 234

STATE of North Carolina ex rel. the NORTH-WESTERN BANK, Guardian for Martha Roberta Cross, Plaintiffs, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK and Martha Thelma Cross, former Guardian, Defendants.

Supreme Court of North Carolina.

October 12, 1966.


Attorney(s) appearing for the Case

Joseph C. Reynolds, Asheville, for plaintiffs.

Uzzell & Dumont, Asheville, for Fidelity and Casualty Company of New York, defendant.

George Pennell, Asheville, for Martha Thelma Cross, defendant.


LAKE, Justice.

The motion of the appellees to dismiss the present appeal for the failure of the appellant to forward to the appellees copies of its brief, as required by the Rules of this Court, is denied. The alternative motion of the appellees for an extension of time for the filing of their own brief is allowed.

The appellant assigns as error an interlocutory order by Patton, J., at the February 1964 Session striking from the complaint paragraph 13, reading...

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