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REAVIS v. CAMPBELL

No. 7522SC44.

218 S.E.2d 873 (1975)

27 N.C. App. 231

Martha REAVIS v. Grace CAMPBELL.

Court of Appeals of North Carolina.

October 15, 1975.

Attorney(s) appearing for the Case

Franklin Smith, Elkin, for plaintiff appellant.

Sowers, Avery & Crosswhite by William E. Crosswhite, Statesville, for defendant appellee.

MARTIN, Judge.

One question raised by this appeal, although not mentioned by either party, is whether the trial court had the jurisdiction to set aside the first judgment and enter the second judgment after the plaintiff had given notice of appeal.

In Machine Co. v. Dixon, 260 N.C. 732, 133 S.E.2d 659 (1963), it was stated:

"As a general rule, an appeal takes a case out of...

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