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JOHNSON v. JOHNSON

No. 7226 DC 185.

188 S.E.2d 711 (1972)

14 N.C. App. 378

Robert E. JOHNSON v. Elizabeth J. JOHNSON.

Court of Appeals of North Carolina.

May 24, 1972.

Attorney(s) appearing for the Case

No brief filed by plaintiff appellee.

Hamel & Cannon, by Thomas R. Cannon, Charlotte, for defendant appellant.

GRAHAM, Judge.

The parties stipulated that the children now reside with defendant in South Carolina and that they were not present in this State when the motion was filed or at the time it was heard.

It was often stated, in custody cases decided before 1 October 1967, that the child should be before the court before an order could be entered "affecting the person of the infant." Romano v. Romano, 266 N.C. 551,

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