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POSTON v. RAGAN

No. 7218SC6.

187 S.E.2d 503 (1972)

14 N.C. App. 134

Elizabeth R. POSTON and husband, Banks E. Poston v. H. S. RAGAN, Jr., and wife, Lonita S. Ragan, et al.

Court of Appeals of North Carolina.

March 29, 1972.

Attorney(s) appearing for the Case

James Mattocks, and C. Richard Tate, Jr., High Point, for petitioners appellees.

Frazier, Frazier & Mahler, by C. Clifford Frazier, Jr., and Spencer W. White, Greensboro, for respondent appellants, H. S. Ragan, Jr., and wife, Lonita S. Ragan.

Haworth, Riggs, Kuhn & Haworth, by John Haworth, High Point, for respondent appellees, H. T. Ragan and wife, Elizabeth H. Ragan.

CAMPBELL, Judge.

The question for decision is whether appellants may appeal from the order of Judge Kivett dismissing the appeal to superior court perfected by appellants' co-respondents. We hold that they cannot.

We find no cases directly on point in North Carolina, but the general rule is set forth in 4 C.J.S. Appeal and Error § 348, p. 1168: ". . . A party is not entitled to the benefit of an exception not...

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