ESTRIDGE v. CRAB ORCHARD DEVELOPMENT COMPANY, INC.,

No. 6926SC330.

169 S.E.2d 53 (1969)

5 N.C. App. 604

Mrs. Evelyn W. ESTRIDGE, Plaintiff, and Bivens Floor & Cabinets, Inc., and Hawthorne Sales Company, Intervenors, v. CRAB ORCHARD DEVELOPMENT COMPANY, Inc., and R. S. Pate.

Court of Appeals of North Carolina.

Certiorari Allowed September 18, 1969.


Attorney(s) appearing for the Case

Henry E. Fisher, Charlotte, for plaintiff appellant.

Craighill, Rendleman & Clarkson, by Hugh B. Campbell, Jr., Charlotte, for intervenor appellants.

Barnes & Dekle, by W. Faison Barnes, Charlotte, for defendant appellee Crab Orchard Development Company, Inc.

Kennedy, Covington, Lobdell & Hickman, by Hugh L. Lobdell, Charlotte, for defendant appellee R. S. Pate.


BRITT, Judge.

On 13 June 1969, Pate filed written motion in this Court for dismissal of this appeal as to him for the reason that the record now before us does not contain "any motion * * * for judgment on the pleadings nor any judgment applicable to this defendant." The motion is well taken. Intervenors' answer to the motion contains a judgment on the pleadings entered on behalf of the defendant Pate; however, to allow an amendment to the record at this time would...

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