LEHRER v. EDGECOMBE MANUFACTURING COMPANY

No. 717SC646.

185 S.E.2d 727 (1972)

13 N.C. App. 412

Irving LEHRER v. EDGECOMBE MANUFACTURING COMPANY, Inc., and Dobie Originals, Inc.

Court of Appeals of North Carolina.

January 12, 1972.


Attorney(s) appearing for the Case

Biggs, Meadows & Batts by Charles B. Winberry, Jr., Rocky Mount, for plaintiff appellant.

Bridgers & Horton by T. Perry Jenkins, Tarboro, for defendant appellees.


MALLARD, Chief Judge.

Neither of the motions filed by Dobie contained the rule number under which the movant was proceeding. The trial judge should have declined to rule upon the motions because they did not comply with Rule 6 of the "General Rules of Practice for the Superior and District Courts" as contained in Volume 276, page 735, of the North Carolina Reports. However, since plaintiff has not argued this failure, we consider the appeal on its merits.

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