Couch v. ADC Realty Corp.
Court of Appeals of North Carolina
1Opinion of the Court
WEBB, Judge.
The order dated 2 April 1979, which was, in effect, a final judgment terminating the defendants’ interest in the leasehold estate, contained a recital “the nature of the action was for summary ejectment.” Summary ejectment is governed by Art. 3 of Chapter 42 of the General Statutes. It is allowed on five days’ notice in certain cases and claims for summary ejectment are first heard before magistrates. The summons in the case sub judice were not returnable before a magistrate, and they required the defendants to answer within 30 days. We hold that the case sub judice is not an…
2Cases cited2 opinions
- Morris v. AustrawSupreme Court of North Carolina · 1967
- Tucker v. . ArrowoodSupreme Court of North Carolina · 1937
3Cited by3 opinions
- Stanley v. HarveyCourt of Appeals of North Carolina · 1988
- Creech v. Ranmar PropertiesCourt of Appeals of North Carolina · 2001
- Charlotte Office Tower Associates v. Carolina SNS Corp.Court of Appeals of North Carolina · 1988