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STATE EX REL. JACOBS v. SHERARD

No. 788SC194.

250 S.E.2d 923 (1979)

39 N.C. App. 464

STATE of North Carolina on Relation of Donald M. JACOBS, District Attorney of the Eighth Judicial District, v. Wilman E. SHERARD, single and Lola Sherard Crawford, widow, v. Donald M. JABOBS, James Sasser, Robert E. Davis, David Carl Wiley, Kenneth Pennington, Donald Parker, Leroy Locklair, William Tilghman and Bill Uzzell.

Court of Appeals of North Carolina.

January 16, 1979.

Attorney(s) appearing for the Case

Dees, Dees, Smith, Powell & Jarrett by Tommy W. Jarrett, Goldsboro, for plaintiff-appellee.

Hulse & Hulse by Herbert B. Hulse, Goldsboro, for defendants-appellants.

ERWIN, Judge.

Defendant appellants present one question for our determination: "Did the trial court err in holding that it had jurisdiction in this matter while the same was pending on appeal in the Court of Appeals?" We answer "no," and affirm the judgment entered by the trial court.

G.S. 1-294 provides:

"Scope of stay; security limited for fiduciaries. — When an appeal is perfected as provided by this article it stays all further proceedings...

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