SMITH v. INDEPENDENT LIFE INS. CO.

No. 7826SC1100.

258 S.E.2d 864 (1979)

43 N.C. App. 269

Lizzie SMITH, Administratrix of the Estate of Shirley Hudson, Plaintiff, v. INDEPENDENT LIFE INSURANCE COMPANY and John Ray, the Administrator of the Estate of William Earl William aka William Earl Hudson, Defendants.

Court of Appeals of North Carolina.

October 16, 1979.


Attorney(s) appearing for the Case

William D. McNaull, Jr., Patricia E. King, and Reginald L. Yates, Charlotte, for plaintiff-appellant.

Kennedy, Covington, Lobdell & Hickman by Joseph B. C. Kluttz and William C. Livingston, Charlotte, for defendant-appellee The Independent Life and Acc. Ins. Co.

Myers, Ray & Myers by Charles T. Myers, Charlotte, for defendant-appellee John Ray.


WELLS, Judge.

We deal first with the defendants' contention that the failure of plaintiff to specifically mention in her notice of appeal that specific portion of Judge Hasty's order of 6 July 1978 sustaining defendants' defense under G.S. 1A-1, Rule 12(b)(6), deprives this Court of jurisdiction to hear plaintiff's appeal from this part of the order. Plaintiff's appeal would be meaningless if we were to agree with defendants' arguments since the trial court's granting...

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