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HILL v. SMITH

No. 7718DC1026.

248 S.E.2d 455 (1978)

38 N.C. App. 625

Herbert McKinley HILL and wife, Edna Byrd Hill, Plaintiffs and Third-Party Plaintiffs, v. Ester SMITH, Defendant, v. William H. ANDERSON and wife, Margarita H. Anderson, Third-Party Defendants.

Court of Appeals of North Carolina.

November 7, 1978.

Attorney(s) appearing for the Case

Badgett, Calaway, Phillips, Davis & Montaquila by Chester C. Davis, Winston-Salem, for plaintiffs-appellees.

O'Connor & Speckhard by Donald K. Speckhard, Greensboro, for defendant-appellant.

Jordan, Wright, Nichols, Caffrey & Hill by Luke Wright, Greensboro, for third-party defendants.

VAUGHN, Judge.

The right to appeal from a decision of a superior court judge is governed by G.S. 1-277 which, in pertinent part, provides:

"An appeal may be taken from every judicial order or determination of a judge of a superior court, upon or involving a matter of law or legal inference, whether made in or out of term, which affects a substantial right claimed in any action or proceeding; or which in effect...

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