NEWMAN MACHINE COMPANY v. NEWMAN

No. 6818SC338.

163 S.E.2d 279 (1968)

2 N.C. App. 491

NEWMAN MACHINE COMPANY, Inc. v. George F. NEWMAN, Jr., Trustee.

Court of Appeals of North Carolina.

Certiorari Allowed November 26, 1968.


Attorney(s) appearing for the Case

Adams, Kleemeier, Hagan & Hannah, by Charles T. Hagan, Jr., and Smith, Moore, Smith, Schell & Hunter, by McNeill Smith, Greensboro, for plaintiff.

McLendon, Brim, Brooks, Pierce & Daniels, by Hubert Humphrey, Greensboro, for defendant.


MALLARD, Chief Judge.

Defendant asserts in his brief that the question presented by this record is: "Did the Court below err in overruling the Demurrer based upon the grounds that the complaint does not state a proper action for removing a cloud on title or for declaratory relief and that there is a defect of parties?"

We are of the opinion and so decide that the complaint does not allege a cause of action for removing...

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