ATKINS v. WALKER

No. 7317SC14.

198 S.E.2d 101 (1973)

19 N.C. App. 119

R. E. ATKINS, Trustee of Little Mountain Baptist Church, et al., v. C. L. WALKER, et al.

Court of Appeals of North Carolina.

August 1, 1973.


Attorney(s) appearing for the Case

White & Crumpler by James G. White and Michael J. Lewis, Winston-Salem, for plaintiff appellees.

Seawell, Pollock, Fullenwider, Van Camp & Robbins by H. F. Seawell, Jr., Carthage, for defendant appellants.


PARKER, Judge.

After the record on appeal in this case was docketed in this Court, defendants filed a motion in this Court to dismiss plaintiffs' action under Rule 41(d) of the Rules of Civil Procedure on the grounds that at the time this action was commenced on 15 March 1971 the costs had not been paid in a prior action in which judgment of voluntary dismissal without prejudice had been entered on 18 February 1971. The record does not disclose that this question...

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