MONTFORD v. GROHMAN

No. 775SC583.

245 S.E.2d 219 (1978)

36 N.C. App. 733

Mildred MONTFORD v. H. G. GROHMAN, in his official capacity as Sheriff of New Hanover County, and Beneficial Finance Company of Wilmington.

Court of Appeals of North Carolina.

June 20, 1978.


Attorney(s) appearing for the Case

James B. Gillespie, Jr., New Hanover Legal Services; Donald S. Gillespie, Jr., and Robert H. Gage, Legal Aid Society of Mecklenburg County, Charlotte, for plaintiff-appellee.

Poisson, Barnhill, Butler & Britt by Donald E. Britt, Jr., Wilmington, for defendant-appellant, Beneficial Finance Co. of Wilmington.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Asst. Atty. Gen. Alan S. Hirsch, Raleigh, amicus curiae, State of North Carolina.

Jordan, Morris & Hoke by John R. Jordan, Jr., Joseph E. Wall and Robert R. Price, Raleigh, amicus curiae, North Carolina Consumer Finance Ass'n, Inc.


VAUGHN, Judge.

It is helpful in viewing this matter to differentiate carefully between the issue actually before us and those which were decided by the magistrate on 27 July 1976. No appeal was taken from that judgment, and the parties may not now attack it or attempt to review the matters decided there. That judgment established the validity of Beneficial's security interest and the fact of plaintiff's default on her obligation. It also established the extent of...

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