LATTIMORE v. POWELL

No. 7210SC363.

190 S.E.2d 288 (1972)

15 N.C. App. 522

George F. LATTIMORE, Jr. v. C. Whid POWELL and George S. Goodyear, Individually and C. Whid Powell and George S. Goodyear, t/a Colony Company.

Court of Appeals of North Carolina.

August 2, 1972.


Attorney(s) appearing for the Case

Carl E. Gaddy, Jr., Raleigh, for plaintiff appellant.

Newsom, Graham, Strayhorn, Hedrick & Murray, by Josiah S. Murray, III, Durham, for defendant appellees.


MORRIS, Judge.

Although plaintiff's motion to vacate the summary judgment did not state the rule number under which he was proceeding, as required by Rule 6, General Rules of Practice for the Superior and District Courts, adopted by the Supreme Court pursuant to G.S. § 7A-34, effective 1 July 1970, we assume he purported to proceed under G.S. § 1A-1, Rule 60.

Plaintiff argues that the judgment should be set aside because his present counsel was not...

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