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CAROON v. EUBANK

No. 763SC31.

226 S.E.2d 691 (1976)

30 N.C. App. 244

L. Reginald CAROON v. L. J. EUBANK, Jr., Trustee and First Federal Savings and Loan Association of New Bern, Inc., Original Defendants, v. James A. EZZELL, Additional Defendant.

Court of Appeals of North Carolina.

July 21, 1976.

Attorney(s) appearing for the Case

Ward, Tucker, Ward & Smith, P. A. by Michael P. Flanagan, New Bern, for plaintiff-appellant.

Borden, Stith, McCotter & Stith by Laurence A. Stith, New Bern, for original defendants-appellees.

Lee, Hancock and Lasitter by C. E. Hancock, Jr., New Bern, for additional defendant-appellee.

MORRIS, Judge.

Plaintiff contends that the trial court erred in its entry of judgment denying his motion for return of funds made under G.S. 1A-1, Rule 41(a)(1), which provides that plaintiff may take a voluntary dismissal of his case without order of court by filing a notice of dismissal before plaintiff rests his case.

"Under the former practice a judgment of voluntary nonsuit terminated the action and no suit was pending thereafter on which the court could...

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