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122 N.C. 405

29 S.E 413

Hicks v. . Royal

Supreme Court of North Carolina

Decided May 24, 1898

Supreme Court of North Carolina · decided 1898-05-24

Civil action tried before MeZams, J., at January Term, 1898, of New Hanover Superior Court. There was a judgment for the defendants and plaintiff appealed. In this Court the defendant (appellee) moved to dismiss under Rule 28.

Cited by 1 later decisions — most recently February 1956

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1898-05-24

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Per Curiam:

¶1 An exhibit which is made a part of the pleadings and is material to understanding the plea of *406 < ‘another action pending for the same' cause” is not printed. Even under the former rule, the motion to dismiss would have been allowed. Fleming v. McPhail, 121 N. C., 183; Barnes v. Crawford, 119 N. C., 127. Much the more so is this true under the present Rule 28, (121 N. C., 695) which, to avoid just such disputes as to the materiality of omitted parts, requires the entire transcript on appeal to be printed.

¶2 Appeal dismissed.

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