Northwestern Bank v. North Carolina National Bank

Court of Appeals of North Carolina

Northwestern Bank v. North Carolina National Bank

174 S.E.2d 22, 8 N.C. App. 333, 1970 N.C. App. LEXIS 1557

CourtCourt of Appeals of North Carolina

DecidedMay 27, 1970

DocketNo. 7028SC259

StatusPublished

This text of 174 S.E.2d 22 (Northwestern Bank v. North Carolina National Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Northwestern Bank v. North Carolina National Bank, 174 S.E.2d 22, 8 N.C. App. 333, 1970 N.C. App. LEXIS 1557 (N.C. Ct. App. 1970).

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Opinion

Graham, J.

On 18 December 1969, the same date on which the judgment here appealed from was entered, Judge Grist entered an order reversing the order of the Buncombe County Clerk' and vacating, annulling, and setting aside the letters testamentary that had been issued to plaintiff. Upon appeal from the judge’s order, this court, in an opinion by Brock, J., (see In re Estate of Nancy S. Davis, 7 N.C. App. 697, 173 S.E. 2d 620, filed 6 May 1970) affirmed the order of the Superior Court. The question raised by this appeal is therefore moot since any right plaintiff might have had for injunctive relief terminated with the vacating of its letters testamentary.

Appeal dismissed.

Brocic and Britt, JJ., concur.

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Graham, J.

On 18 December 1969, the same date on which the judgment here appealed from was entered, Judge Grist entered an order reversing the order of the Buncombe County Clerk' and vacating, annulling, and setting aside the letters testamentary that had been issued to plaintiff. Upon appeal from the judge’s order, this court, in an opinion by Brock, J., (see In re Estate of Nancy S. Davis, 7 N.C. App. 697, 173 S.E. 2d 620, filed 6 May 1970) affirmed the order of the Superior Court. The question raised by this appeal is therefore moot since any right plaintiff might have had for injunctive relief terminated with the vacating of its letters testamentary.

Appeal dismissed.

Brocic and Britt, JJ., concur.

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Bluebook (online)

174 S.E.2d 22, 8 N.C. App. 333, 1970 N.C. App. LEXIS 1557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northwestern-bank-v-north-carolina-national-bank-ncctapp-1970.

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