GARDNER v. GARDNER

No. 79.

240 S.E.2d 399 (1978)

294 N.C. 172

Jonas Melvin GARDNER v. Rose D. GARDNER.

Supreme Court of North Carolina.

January 24, 1978.


Attorney(s) appearing for the Case

Freeman & Edwards by George K. Freeman, Jr., and James A. Vinson III, Goldsboro, for defendant-appellant.

Mast, Tew, Nall & Moore, P. A. by George B. Mast and W. Richard Moore, Smithfield, for plaintiff-appellee.


EXUM, Justice.

At the outset we think it important to say that we are not inadvertent to the proposition that the Court of Appeals' denial of defendant's application for a writ of certiorari was a ruling within the discretion of that Court. Normally we would not interfere with the exercise of such discretion. We determined to take this case, however, not because we thought the Court of Appeals by denying defendant's application had abused its discretion, but because...

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