BOARD OF TRANSP. v. WILLIAMS

No. 7628SC344.

229 S.E.2d 37 (1976)

31 N.C. App. 125

BOARD OF TRANSPORTATION v. Joseph M. WILLIAMS, and wife, Marcile L. Williams, James M. Baley, III, trustee, Mountain Production Credit Association.

Court of Appeals of North Carolina.

October 6, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Senior Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State, appellee.

Lentz & Ball, P.A., by Ervin L. Ball, Jr., and Lloyd M. Sigman, Asheville, for defendants-appellants.


MORRIS, Judge.

Defendants argue that the court committed reversible error in failing to find facts and set out conclusions of law in his order denying defendants' motion for time within which to file answer. They contend that this is required by G.S. 1A-1, Rule 52(a)(1) which requires that "(i)n all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and...

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