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GUILFORD COUNTY v. BOYAN

No. 8018DC386.

272 S.E.2d 1 (1980)

49 N.C. App. 430

GUILFORD COUNTY and City of High Point, Plaintiffs, v. Clarence C. BOYAN and wife, Margaret W. Boyan; Lee F. Stackhouse, Trustee for Clarence C. Boyan and wife, Margaret W. Boyan; Jimmy D. Ridge; and Piedmont Hardwood Lumber Company, Defendants.

Court of Appeals of North Carolina.

November 4, 1980.

Attorney(s) appearing for the Case

Hugh C. Bennett, Jr., High Point, for plaintiff-appellant.

Boyan & Loadholt by Clarence C. Boyan and Kathleen Nix Loadholt, High Point, for Clarence C. Boyan and Margaret W. Boyan, and Edmund Lowe, High Point, for Jimmy D. Ridge, defendants-appellees.

WEBB, Judge.

The plaintiff City of High Point brings forward three assignments of error. It first contends the court erred by not ruling on its motion for summary judgment. We do not believe this assignment of error presents any question for review. The case was tried. This eliminated the need for a hearing on the motion for summary judgment.

The plaintiff's second assignment of error is to the judgment dismissing the action. An action to enforce a lien for...

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