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PREWITT v. DOVER

No. 274.

153 S.E.2d 382 (1967)

269 N.C. 687

Michael Ray PREWITT, by his Next Friend, Gerald Prewitt v. Millard Calvin DOVER and Thomas Cadillac, Inc., a corporation.

Supreme Court of North Carolina.

March 22, 1967.

Attorney(s) appearing for the Case

A. A. Bailey and Gary A. Davis, Charlotte, for plaintiff appellee.

John H. Small, J. Donnell Lassiter and Kennedy, Covington, Lobdell & Hickman, Charlotte, for defendant appellants.

PER CURIAM.

Under our Rule 4(a) 254 N.C. 785, this Court will not entertain an appeal (1) "(f)rom an order overruling a demurrer except when the demurrer is interposed as a matter of right for misjoinder of parties and causes of action," or (2) "(f)rom an order striking or denying a motion to strike allegations contained in pleadings." Defendants did not petition for certiorari.

Obviously, the order of Judge Froneberger denying defendants' motion to...

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