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FARR v. CITY OF ROCKY MOUNT

No. 707SC545.

177 S.E.2d 763 (1970)

10 N.C. App. 128

Walter FARR, Jr., Administrator of the Estate of James Earl Farr v. The CITY OF ROCKY MOUNT.

Court of Appeals of North Carolina.

Certiorari Denied February 2, 1971.

Attorney(s) appearing for the Case

Lucas, Rand, Rose, Meyer & Jones, by David S. Orcutt, Wilson, for plaintiff appellee.

DeWitt C. McCotter, III, Spruill, Trotter & Lane, Rocky Mount, for defendant appellant.

HEDRICK, Judge.

The question presented on this appeal is whether service of summons on the defendant's city manager on 10 July 1969 gave the court jurisdiction over the defendant municipal corporation. Section 62 of the Charter of the City of Rocky Mount provides:

"Duties of the mayor. "The Mayor shall preside at all meetings of the City Council and shall have a casting vote in case of an equal division. He shall be recognized as the official head...

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