SHERMAN v. MYERS

No. 7521SC851.

222 S.E.2d 749 (1976)

Fred SHERMAN, Jr. v. J. D. MYERS and Betty T. Myers.

Court of Appeals of North Carolina.

March 17, 1976.


Attorney(s) appearing for the Case

Badgett, Calaway, Phillips & Davis by Richard G. Badgett, Winston-Salem, for plaintiff-appellee.

A. Carl Penney, Winston-Salem, for defendants-appellants.


MARTIN, Judge.

Defendants first contend the court erred by failing to consider the merits of the defendants' motion pursuant to Rule 60 and, secondly, that the court erred in failing to make a proper or sufficient finding of fact in its order denying defendants' motion.

Rule 6 of the General Rules of Practice for the Superior Court, Supplemental to the Rules of Civil Procedure, provides in part, "All motions, written or oral, shall state the rule number or...

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