Johnson v. Hooks

HEDRICK, Judge.

A discussion of plaintiff’s first assignment of error can be made more meaningful by a brief review of the procedural history of this case. This action was commenced on 19 February 1969 against defendants William Harvey Hooks, Jr., and Wachovia Bank & Trust Co. of Goldsboro (Wachovia). Both defendants demurred to the complaint and the trial court in an Order filed on 14 May 1969 determined (1) that the demurrer of Wachovia was proper and should be allowed, (2) that the demurrer of Hooks should be overruled. Thereafter, the plaintiff appealed from that portion of the judgment of…