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STATE HIGHWAY COMMISSION v. HEMPHILL

No. 113.

153 S.E.2d 22 (1967)

269 N.C. 535

STATE HIGHWAY COMMISSION v. Wayne W. HEMPHILL and wife, Sylvia Hemphill, T. O. Pangle, Trustee, P. L. King and wife, Minnie Belle King, Frank Kasey.

Supreme Court of North Carolina.

March 1, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Trial Atty. J. Bruce Morton, Brevard, and Associate Counsel Lamar Gudger, Asheville, for plaintiff Highway Commission.

Joseph C. Reynolds and Dennis J. Winner, Asheville, for defendants Wayne W. Hemphill and wife, Sylvia Hemphill.

BRANCH, Justice.

The appellants and the appellee in their respective briefs submit that the questions for decision are:

1. Did the trial court err in stating that it had no discretion in allowing the defendants to answer in that the eighteen months allowed by N.C.Gen.Stats., Sec. 136-107, had expired? 2. The defendants filed a petition on June 8, 1965, which, among other things, stated that the amount deposited by the plaintiff did not represent...

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