LAMBE v. SMITH

No. 7119SC230.

181 S.E.2d 783 (1971)

11 N.C. App. 580

Elizabeth P. LAMBE v. Neal SMITH and wife, Maggie Smith.

Court of Appeals of North Carolina.

June 23, 1971.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

Charles H. Dorsett, Troy, for defendant appellees.


MALLARD, Chief Judge.

Defendant's motion to dismiss this appeal on the grounds that the evidence in the record on appeal is presented in question and answer form rather than by narrative is denied. This court, in its discretion under Rule 19(d) of the Rules of Practice in the Court of Appeals, heard the appeal and considered the matter on its merits.

Under G.S. 1A-1, Rule 65(a) and (b), a distinction is made between a "temporary restraining order" and a "preliminary...

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