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WIGGINS v. BUNCH

No. 7.

184 S.E.2d 879 (1971)

280 N.C. 106

Emmett H. WIGGINS, Plaintiff, v. Miles E. BUNCH et al., Defendants, and State of North Carolina, Additional Defendant.

Supreme Court of North Carolina.

December 15, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Rafford E. Jones, Raleigh, for the State of North Carolina, appellant.

Twiford & Abbott by Russell E. Twiford, Elizabeth City, for plaintiff appellee.

BRANCH, Justice.

The parties to this appeal do not present the question of whether the Superior Court had jurisdiction to enter the order of 1 July 1970.

For many years it has been recognized that as a general rule an appeal takes the case out of the jurisdiction of the trial court. In American Floor Machine Co. v. Dixon, 260 N.C. 732, 133 S.E.2d 659

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