McCarley v. McCarley

221 S.E.2d 490 (1976)

289 N.C. 109

Elizabeth Ann McCARLEY

v.

Leslie Harvey McCARLEY.

No. 90.

Supreme Court of North Carolina.

January 29, 1976.

Lila G. Bellar and Marshall H. Karro, Charlotte, for plaintiff-appellant.

Hamel, Cannon & Hamel, P. A., by Thomas R. Cannon, Charlotte, for defendant-appellee.

EXUM, Justice.

I

The Court of Appeals held it proper for the trial court to set aside plaintiff's attempted voluntary dismissal under General Statute 1A-1, Rule 41(a)(1) [hereinafter Rule ___]. This much of its decision is correct.

This statement of our practice as it existed before the adoption of present…