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DAVIS v. ANDERSON INDUSTRIES, INC.

No. 688.

146 S.E.2d 817 (1966)

266 N.C. 610

Elsie DAVIS, Plaintiff, v. ANDERSON INDUSTRIES, INC., Carolina Industrial Manufacturing Corporation, and City of Greensboro.

Supreme Court of North Carolina.

March 2, 1966.

Attorney(s) appearing for the Case

Harry Rockwell, Greensboro, for plaintiff appellant.

Sapp & Sapp, Greensboro, for defendant Carolina Industrial Manufacturing Corporation.

Smith, Moore, Smith, Schell & Hunter, by Stephen Millikin, Greensboro, for defendant Anderson Industries, Inc.

Jordan, Wright, Henson & Nichols and William B. Rector, Jr., Greensboro, for defendant City of Greensboro.

LAKE, Justice.

The plaintiff relies on G.S. § 1-131, as amended by Session Laws of 1965, c. 747, which reads as follows, the italicized portion having been inserted by the 1965 amendment:

"Within thirty days after the return of the judgment upon the demurrer, if there is no appeal, or within thirty days after the receipt of the certificate from the Supreme Court, if there is an appeal, if the demurrer is sustained the plaintiff may move, upon three days...

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