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SPALDING DIVISION OF QUESTOR CORP. v. DuBOSE

No. 7927SC1144.

265 S.E.2d 501 (1980)

SPALDING DIVISION OF QUESTOR CORPORATION, Dallas Electrical Contractors, Inc., Dallas Plumbing Company, W. R. Mathis and Witten Supply Company v. Horace M. DuBOSE, III, Trustee, and Robert J. Bernhardt, Trustee, as their interests may appear.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Charles D. Gray III, Gastonia, for plaintiffs-appellees Dallas Electrical Contractors, Inc. and Dallas Plumbing Company.

Stewart & Lowe by Michael David Bland, Charlotte, for plaintiff-appellee W. R. Mathis.

Horace M. DuBose III, Gastonia, and Lindsey, Schrimsher, Erwin, Bernhardt & Hewitt by Robert J. Bernhardt, Charlotte, for defendants-appellants.

HARRY C. MARTIN, Judge.

Defendants contend the superior court did not have jurisdiction of the cause of action alleged by plaintiffs as it is a collateral attack upon the judgment of confirmation by the clerk of superior court. If the court had jurisdiction, we are faced with the question whether the clerk had authority under Article 29B of Chapter 1 of the General Statutes of North Carolina to permit defendants to use their judgments as cash in the payment of their...

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