MEIR v. WALTON

No. 6910SC365.

170 S.E.2d 166 (1969)

6 N.C. App. 415

Ezra MEIR and wife, Violet S. Meir v. Russell C. WALTON, Jr. and wife, Margie G. Walton.

Court of Appeals of North Carolina.

October 22, 1969.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner, by Jack P. Gulley, Raleigh, for plaintiff appellees.

Jordan, Morris & Hoke, by John R. Jordan, Jr., and Robert Gruber, Raleigh, for defendant appellants.


VAUGHN, Judge.

The sole assignment of error brought forward by the defendants attacks the portion of the judgment which permanently restrains them from using that portion of the dirt path located on the property of the plaintiffs as shown on the map referred to by the court below when it determined the true and correct boundary between the parties. This exception is based on the fact that there was no demand for a permanent restraining order in the prayer for relief...

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