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VAIL v. SMITH

No. 68SC126.

162 S.E.2d 78 (1968)

1 N.C. App. 498

Sally M. VAIL, Helen V. Rouse, Margaret V. Campbell, Evelyn V. Coonrad, Doris V. Yelverton and Luther H. Vail, Jr. v. Mattie P. SMITH.

Court of Appeals of North Carolina.

July 10, 1968.

Attorney(s) appearing for the Case

Futrelle & Baddour, by R. H. Futrelle, Goldsboro, for defendant appellant.

Dees, Dees, Smith & Powell, by William W. Smith, Goldsboro, for plaintiffs appellees.

MORRIS, Judge.

Defendant contends the court erred in failing to grant her motion for judgment on the referee's report and in submitting issues to the jury. The referee's report was filed on 11 January 1965. Plaintiffs filed exceptions thereto on 8 March 1965. The record is silent as to the date plaintiffs had notice of the filing of the report. Defendant's motion for judgment on the report was filed on 18 May 1967—more than 2 years after the exceptions to the...

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