BYRUM v. REGISTER'S TRUCK & EQUIPMENT CO., INC.

No. 763SC489.

231 S.E.2d 39 (1977)

32 N.C. App. 135

William D. BYRUM v. REGISTER'S TRUCK & EQUIPMENT COMPANY, INC., Defendant and Third Party Plaintiff, v. THEISEN COMPANY (a corporation), Third Party Defendant.

Court of Appeals of North Carolina.

January 5, 1977.


Attorney(s) appearing for the Case

Ward, Tucker, Ward & Smith, P. A., by Michael P. Flanagan, New Bern, for third party plaintiff appellee.

Sumrell, Sugg & Carmichael, by James R. Sugg, New Bern, for third party defendant appellant.


MORRIS, Judge.

Theisen's motion was filed 16 October 1974. On 5 January 1976, Judge Rouse entered an order requiring the parties to ". . . be prepared with affidavits and memoranda of law to argue the motions to dismiss . . ." on 2 February 1976. Register filed affidavits on 15 and 22 November 1974. However, Theisen did not file its two affidavits until 2 February 1976, the day of the hearing. The court in its order stated that it had reviewed ". . . the file, including...

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