STATE HIGHWAY COMMISSION v. STOKES

No. 6917SC34.

165 S.E.2d 550 (1969)

3 N.C. App. 541

STATE HIGHWAY COMMISSION v. Lindsey STOKES and wife, Mary Willie Stokes, W. O. McGibony, Trustee, and the Federal Land Bank of Columbia.

Court of Appeals of North Carolina.

February 5, 1969.


Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan by Deputy Atty. Gen., Harrison Lewis and Trial Attorney Robert G. Webb, Wilson, for the State Highway Commission, plaintiff appellee.

Ross E. Strange and Harry R. Stanley, Greensboro, for defendant appellants Stokes.


MORRIS, Judge.

The order determining issues signed by the court contained 28 findings of fact. The findings of fact included a chronological history of the occurrences set out above including the fact that no request for continuance was made by counsel for defendants, that there was no evidence of any physical disability which would prevent counsel's attendance, nor was any other excuse offered. The court also found that "on September 20, 1949, the defendants Lindsey...

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