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eBook details

• Title: Hilgreen v. Shermans Cleaners & Tailors Inc.
• Author : Supreme Court of North Carolina
• Release Date : January 12, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This proceeding was instituted in the Domestic Relations Court of Raleigh and Wake County on 6 August 1954 by petition of Richard Bright, who in his petition alleged that Guy A. Gibbons, Jr., an infant under 16 years of age, was a neglected child under such improper or insufficient control as to endanger his health and general welfare, and further alleged that his custody is subject to controversy. From a judgment adverse to petitioner, he appealed to the Superior Court of Wake County. In the Superior Court Richard Bright, by leave of court, filed an amended petition, and Guy A. Gibbons, Sr. filed an answer to the amended petition. The proceeding was heard at the March Civil Term 1956 by Hobgood, J., on evidence offered by petitioner and respondent, who made 25 findings of fact and 4 conclusions of law, and awarded the custody of the boy to the respondent Guy A. Gibbons, Sr. Petitioner excepted to the findings of fact and conclusions of law, and appealed from the judgment to the Supreme Court. Upon the appeal, In re Gibbons, 245 N.C. 24, 95 S.E.2d 85, this Court held that Hobgood, J. "committed error in receiving testimony from witnesses without affording petitioner an opportunity to be present and know what evidence was offered."

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