DUKE POWER CO. v. HOGAN

No. 7225SC702.

192 S.E.2d 657 (1972)

16 N.C. App. 622

DUKE POWER COMPANY v. Walter James HOGAN and wife, Marie Hogan.

Court of Appeals of North Carolina.

November 22, 1972.


Attorney(s) appearing for the Case

Townsend & Todd, by J. R. Todd, Jr., Lenoir, for plaintiff appellee.

Wilson & Palmer, by Hugh M. Wilson, Lenoir, for defendant appellants.


MORRIS, Judge.

Appellants contend that a final and permanent restraining order has been entered against them without their having sufficient notice, without their having filed answer, and without their having had opportunity to present evidence on the merits of the case. We are of the opinion that their position is well taken.

The record shows that they received the only notice of this action on 12 June 1972, when the summons, complaint, bond, two affidavits...

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