WALL v. SNEED

No. 7220SC49.

187 S.E.2d 454 (1972)

13 N.C. App. 719

Mattie S. WALL et al. v. Maddie SNEED, Executrix of the Estate of Zollie Sneed, Deceased, et al.

Court of Appeals of North Carolina.

March 29, 1972.


Attorney(s) appearing for the Case

Pittman, Pittman & Pittman by William G. Pittman, Rockingham, for plaintiff appellants.

Page & Page by John T. Page, Jr., Rockingham, for defendant appellees.


HEDRICK, Judge.

In N. C. Monroe Construction Co. v. Guilford County Board of Education, 278 N.C. 633, 180 S.E.2d 818 (1971), Justice Lake quoted from the opinion of Justice Johnson in Morganton v. Hutton & Bourbonnais Company, 247 N.C. 666, 101 S.E.2d 679 (1958), as follows:

"`Whenever, as here, a fatal defect of parties is disclosed, the Court should...

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