BRITT v. ALLEN

No. 7719SC869.

247 S.E.2d 17 (1978)

37 N.C. App. 732

Alice Lucille Craven BRITT, Ossie German Britt and Ida Leola Craven Bristow v. Garland W. ALLEN.

Court of Appeals of North Carolina.

August 29, 1978.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiffs appellants.

Moser & Moser by D. Wescott Moser, Asheboro, for defendant appellee.


PARKER, Judge.

Plaintiffs contend it was error for the superior court to dismiss their action because our Supreme Court had directed that the case "be remanded to the superior court for a trial de novo." Britt v. Allen, 291 N.C. at 639, 231 S.E.2d at 614. In making this contention, plaintiffs mistake the import of the Supreme Court's directive. That directive did not render the Rules of Civil Procedure inapplicable to the further proceedings in this case. For...

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