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JOHNSON v. CLEVELAND COUNTY BOARD OF EDUCATION

No. 305.

84 S.E.2d 256 (1954)

241 N.C. 56

R. A. JOHNSON, Administrator of the Estate of Billy Joe Johnson, v. CLEVELAND COUNTY BOARD OF EDUCATION and/or North Carolina Board of Education.

Supreme Court of North Carolina.

November 3, 1954.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Claude L. Love, Asst. Atty. Gen., and Gerald F. White, of Staff, Raleigh, for defendants-appellants.

R. L. Elam and J. C. Whisnant, Shelby, for plaintiff-appellee.

BARNHILL, Chief Justice.

We observe with disfavor that the and/or method of naming the defendants in the captions to the summons and pleadings filed has been adopted in this cause. The question immediately arises: Does plaintiff seek recovery against the County Board of Education or the State Board or against both defendants? When a judge of the Superior Court acquires jurisdiction of the parties and the subject matter in pending litigation, any judgment or decree...

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