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GODFREY v. SMITH

No. 604.

146 S.E.2d 431 (1966)

266 N.C. 402

Dave GODFREY, Administrator of the Estate of Brenda Mae Thomas, v. Willie Rufus SMITH.

Supreme Court of North Carolina.

February 4, 1966.

Attorney(s) appearing for the Case

Teague, Johnson & Patterson, by Robert M. Clay, Raleigh, for defendant appellant.

Morgan & Williams, by Ben T. DeBerry, Lillington, for plaintiff appellee.

PARKER, Justice.

Defendant has ignored Rule 4(a), Rules of Practice in the Supreme Court, 254 N.C. 783, 784, in appealing instead of petitioning this Court for a writ of certiorari. However, under the particular circumstances here we have decided to pass on the appeal.

Decision in the instant case is controlled by the decision in Gay, Administrator v. Thompson, N.C., 146 S.E.2d 425, the opinion in which is filed contemporaneously...

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