Supreme Court of North Carolina February 4, 1966, 604 (Godfrey v. Smith)

PARKER, J.

Defendant has ignored Rule 4(a), Rules of Practice in the Supreme Court, 254 N.C. 783, 784, in appealing instead of petitioning this Court for a writ of

certiorari.

However, under the particular circumstances here we have decided to pass on the appeal.

Decision in the instant case is controlled by the decision in

Gay, Administrator v. Dr. G. R. C. Thompson,

266 N.C. 394, 146 S.E.