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POTTS v. POTTS

No. 7319DC279.

198 S.E.2d 203 (1973)

19 N.C. App. 193

Sara Tutterow POTTS v. James Melvin POTTS.

Court of Appeals of North Carolina.

August 8, 1973.

Attorney(s) appearing for the Case

Robert V. Somers, Salisbury, for plaintiff.

Olive, Howard, Downer, Williams & Price by Paul J. Williams, Charlotte, for defendant.

BROCK, Judge.

Defendant assigns as error that the facts found by Judge Warren are not supported by the evidence.

The order appealed from recites: "The Court, after hearing evidence and testimony in this cause from the plaintiff, finds the following facts." It appears from the foregoing recitation that an evidentiary hearing was conducted by Judge Warren; however, appellant has failed to include the evidence in the...

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