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SIMMONS v. TUTTLE

No. 8321DC27.

318 S.E.2d 847 (1984)

Sylvester Lee SIMMONS v. Jerome Crawford TUTTLE.

Court of Appeals of North Carolina.

August 21, 1984.

Attorney(s) appearing for the Case

Powell & Yeager by Lawrence J. Fine and Harrell Powell, Jr., Winston-Salem, for plaintiff-appellant.

Hutchins, Tyndall, Doughton & Moore by Richard D. Ramsey, Winston-Salem, for defendant-appellee.

PHILLIPS, Judge.

G.S. 7A-34 authorizes the North Carolina Supreme Court to establish rules of practice and procedure for the District and Superior Courts "supplementary to, and not inconsistent with, acts of the General Assembly." Among the rules adopted under this statutory authority is Rule 2 of the General Rules of Practice which, in pertinent part, provides:

Subject to the provisions of Rule 40(a), Rules of Civil Procedure and G.S. 7A-146: ...

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