Jones v. Fowler

PER Cueiam.

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…