LANGDON v. HURDLE

No. 7212DC310.

189 S.E.2d 517 (1972)

Helen Bennett LANGDON, Executrix of the Estate of Dr. Benjamin Bruce Langdon, Deceased, v. Dr. Thomas Gray HURDLE and Dr. Charles A. Hoffman, Jr.

Court of Appeals of North Carolina.

June 28, 1972.


Attorney(s) appearing for the Case

J. Duane Gilliam, Fayetteville, for plaintiff appellee.

Williford, Person & Canady, by N. H. Person, Fayetteville, for defendants appellants.


BRITT, Judge.

Appellant contends that the court erred in granting summary judgment for plaintiff that defendants are personally liable to plaintiff before there has been an adjudication that the assets of the partnership of which plaintiff is a creditor are exhausted. We hold that the court did not err.

First, we consider the authority of the trial court to make the adjudication set forth in the judgment which, in effect, is a declaratory judgment. G.S. &...

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