SILVERTHORNE v. COASTAL LAND CO.

No. 783SC844.

256 S.E.2d 397 (1979)

42 N.C. App. 134

J. C. SILVERTHORNE, B. McAdoo Whorton, Theodore R. Slade, J. C. Silverthorne, Administrator of the Estate of Michael W. Silverthorne, and Wife, Jo Silverthorne, and Brandenburg Land Company, a corporation, Plaintiffs, and Zachary Taylor, Guardian ad litem for Brian Z. Taylor and John Webb Taylor, Intervenor Plaintiffs, v. COASTAL LAND COMPANY, a corporation, Joseph G. Blow and Wife, Elizabeth P. Blow, Ralph T. Morris and Wife, Elsie S. Morris, Vernon J. Silverthorne and Wife, Mildred C. Silverthorne, Minnie S. Barnhill and Husband, Frank C. Barnhill, Kathleen S. Slade, Helen S. Adkins and Husband, Bernard Adkins, Annie S. Cook and Husband, Phillip E. Cook, Effie S. Hadder and Husband, Minor L. Hadder, J. G. Silverthorne and Wife, Bessie Silverthorne, and John T. Taylor, Jr., and Wife, Dora W. Taylor, Defendants.

Court of Appeals of North Carolina.

July 3, 1979.


Attorney(s) appearing for the Case

Nelson W. Taylor, III, Morehead City, for plaintiffs.

Henderson & Baxter by B. Hunt Baxter, Jr., New Bern, for intervenor plaintiffs.

A. D. Ward and Barden, Stith, McCotter & Stith by Laurence A. Stith, New Bern, for defendants.


ARNOLD, Judge.

Original Plaintiffs' Appeal

In his order dismissing the plaintiffs' action, the trial court concluded that the plaintiffs' failure to file answers to interrogatories within 60 days of 5 April 1976, as they had been ordered by the court to do, was "wholly without justification or excuse." Plaintiffs argue that there is no evidence to support this conclusion.

Plaintiffs' view is that defendants were required to show that plaintiffs...

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