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BALL PHOTO SUPPLY CO., INC. v. McCLAIN

No. 7628DC243.

226 S.E.2d 178 (1976)

30 N.C. App. 132

BALL PHOTO SUPPLY CO., INC. v. (Mrs.) B. F. McCLAIN.

Court of Appeals of North Carolina.

July 7, 1976.

Attorney(s) appearing for the Case

Lentz & Ball, P. A. by Ervin L. Ball, Jr., Asheville, for plaintiff-appellant.

Morris, Golding, Blue & Phillips by James N. Golding, Asheville, for defendant-appellee.

ARNOLD, Judge.

The District Court agreed with defendant's position that it was necessary for notice of appeal from a magistrate to the district court to be served by a judicial officer or accepted by the appellee. We agree with plaintiff's position that service by mail was proper, and that it was error to dismiss the appeal.

G.S. 7A-228 provides the manner in which an appeal from a magistrate to the district court is perfected: "Appeal is perfected by serving...

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