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BARKER v. HICKS

No. 7119SC518.

183 S.E.2d 431 (1971)

12 N.C. App. 407

John Henry BARKER v. Clayton Harrington HICKS.

Court of Appeals of North Carolina.

September 15, 1971.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff-appellant.

Barber, Barber and Holmes by Wade Barber, Jr., Pittsboro, for defendant-appellee.

VAUGHN, Judge.

Chatham County is the proper county for the trial of this action. G.S. § 1-82. Plaintiff contends that the defendant waived his right to have trial conducted in the proper county. Defendant was served with summons and complaint on 29 April 1970. By letter dated 8 May 1970 H. F. Seawell, Jr., Esquire wrote the clerk of superior court of Randolph County and requested "an extension of time in which to file Answer" and tendered an order to this effect...

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