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HADDOCK v. LASSITER

No. 703SC281.

174 S.E.2d 50 (1970)

8 N.C. App. 243

Elizabeth B. HADDOCK v. Ronald LASSITER.

Court of Appeals of North Carolina.

May 27, 1970.

Attorney(s) appearing for the Case

M. E. Cavendish, Greenville, for plaintiff-appellant.

James, Speight, Watson & Brewer, by W. W. Speight, Greenville, for defendant-appellee.

HEDRICK, Judge.

In their briefs, the parties stipulated that this Court could consider and determine this appeal on its merits under the appropriate rule of the North Carolina Rules of Civil Procedure. Rule 12(b) (6), North Carolina Rules of Civil Procedure, is as follows:

"(b) How presented.—Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted...

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