SUTTON v. DUKE

No. 40.

176 S.E.2d 161 (1970)

277 N.C. 94

Jimmy Ray SUTTON v. Marvin DUKE, Kinston Fertilizer Company, and Seaboard Coast Line Railroad Company.

Supreme Court of North Carolina.

August 28, 1970.


Attorney(s) appearing for the Case

Lewis & Rouse, Farmville, for plaintiff appellant.

Barden, Stith, McCotter & Sugg, New Bern, Aycock, LaRoque, Allen, Cheek & Hines, Kinston, for Marvin Duke and Kinston Fertilizer Co.

Spruill, Trotter & Lane, by John R. Jolly, Jr., Rocky Mount, for Seaboard Coast Line R. Co.


SHARP, Justice.

The demurrer in this case was interposed under G.S. § 1-127(6). This section was repealed by N.C.Sess.L. ch. 954, § 4 (1967), which enacted the new North Carolina Rules of Civil Procedure (NCRCP). These rules became effective 1 January 1970 and were made applicable "to actions and proceedings pending on that date as well as to actions and proceedings commenced on and after that date." N.C.Sess.L. ch. 803 (1969). The decision of the Court...

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