Jones v. Fowler
Cases that cite this one
2 later published cases cite this decision.
- Griners' & Shaw, Inc. v. Continental Casualty Co. (N.C. 1961)
- Cates ex rel. Borland v. Griffith Finance Co. (N.C. 1956)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff’s affidavit is in substantial compliance with the requirements of G.S. 1-568.10 (b), subsections (1) through (6). Upon the finding that the facts were as set out in the affidavit, plaintiff was entitled to the order as a matter of right. G.S. 1-568.10 (c), subsections (1) through (4). In such case, no notice to defendant, prior to the entry of such order, was required. G.S. 1-568.10 (a). Hence, the order of 18 December, 1954, is affirmed.
In view of disposition made, we refrain from considering, ex mero motu, whether defendant’s appeal was subject to dismissal as an appeal from an interlocutory order.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.