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WELLS v. JACKSON

No. 8626SC1208.

355 S.E.2d 837 (1987)

James E. WELLS v. James Arthur JACKSON and American Mutual Fire Insurance Company.

Court of Appeals of North Carolina.

May 19, 1987.

Attorney(s) appearing for the Case

Michael J. Bednarik, Charlotte, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe by Philip R. Hedrick, Charlotte, for defendant-appellant.

PHILLIPS, Judge.

When this case was tried attorney fees could be allowed under G.S. 6-21.1 only "where the judgment for recovery of damages" was $5,000 or less, and defendant's sole assignment of error asserts that the trial court erred by awarding attorney fees in this case because the "principal amount of the judgment was in an amount greater than $5,000." Obviously, this assignment is without foundation, as the principal amount of the judgment was $4,665. His argument...

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