No. 6918SC61.

167 S.E.2d 857 (1969)

5 N.C. App. 81

In re Condemnation of Property of William Earl SIMMONS and wife, Ethel Hayes Simmons (Respondents) by the City of Greensboro (Petitioner).

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Jesse L. Warren, Cooke & Cooke, by William Owen Cooke, Greensboro, for petitioner appellant.

Turner, Rollins, Rollins & Suggs, by Thomas Turner, J. Owen Lindley, Greensboro, for respondent appellees.


The date of the judgment appealed from is 22 August 1968. The record on appeal was docketed in this Court on 21 November 1968, one day after the ninetyday period for docketing expired. Therefore, this appeal may be dismissed under Rule 48 of the Rules of Practice in the Court of Appeals for failure to comply with Rule 5. However, we have nevertheless considered the appeal on its merits.

Petitioner's first contention is that the presiding judge...

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