ANGLE v. BLACK

No. 68SC2.

159 S.E.2d 254 (1968)

1 N.C. App. 36

Mary Leona Pierce ANGLE, (a single woman), Ressie Pierce Hughes and husband, William Walter Hughes, Essie Pierce Stroud and husband, Dennis E. Stroud, Plaintiffs, v. Myrtle Viola Pierce BLACK and husband, Jessie James Black, Ida Mae Pierce Davis and husband, Arman Davis, and Charlie Oscar Pierce (single), Defendants, and B. Walton Brown, Administrator of the Estate of Bessie R. Bryant Pierce, Additional Defendant.

Court of Appeals of North Carolina.

February 21, 1968.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiffs appellants.

Miller, Beck & O'Briant, Asheboro, for Brown, Admr., additional defendant.


MORRIS, Judge.

The appellant failed to file a brief within the time provided in Rule 28 and appellee moved to dismiss under Rule 28. Appellant answered the motion asserting that he was not aware of the time requirement of the rules for the filing of briefs and tendered his brief. Since we are not inadvertent to the possibility that all members of the bar may not have familiarized themselves with the rules, despite their opportunity to do so, we accepted plaintiffs...

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