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SUMMEY v. McDOWELL

No. 6919SC19.

165 S.E.2d 768 (1969)

4 N.C. App. 62

Dennis Ray SUMMEY, by his next friend, John Lespie Summey, and Ronda S. Hughes, by her next friend, Jerry Hughes, Plaintiffs, v. Herman McDOWELL and wife, Opal McDowell, Defendants, and Vonzelle Wood Summey Newsome and husband, Robert Joe Newsome; Shirley Summey Parks and husband, Odell Parks; Lewis Wood and wife, Leona Wood; Homer Wood (divorced); Bernice Wood Skeen and husband, Wan Skeen; and any unborn children of Vonzelle Wood Summey Newsome; and J. Howard Redding, guardian ad litem for any unborn children of Vonzelle Wood Summey Newsome, Additional Defendants.

Court of Appeals of North Carolina.

February 26, 1969.

Attorney(s) appearing for the Case

L. T. Hammond, Sr., Asheboro, for plaintiff appellees.

Ottway Burton, Asheboro, for additional defendants Vonzelle Wood Summey Newsome and Robert Joe Newsome, appellants.

MALLARD, Chief Judge.

This record on appeal was docketed here on 20 September 1968 and is from the same trial as the appeal of the original defendants. The record in the original defendants' appeal reveals that the case was heard "at the May 10, 1968 Session of Randolph Superior Court," and the record here reveals that the case was heard "at the April 29, 1968 Session of Randolph Superior Court." However, it is clear upon reading the two records that the appeal is...

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