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MORGAN v. BROOKS

No. 24.

85 S.E.2d 869 (1955)

241 N.C. 527

John Daniel MORGAN, Plaintiff, v. Harold F. BROOKS, Original Defendant, and Virgil Lee Millsap, Additional Defendant.

Supreme Court of North Carolina.

March 2, 1955.

Attorney(s) appearing for the Case

Price & Osborne and J. C. Johnson, Jr., Leaksville, for plaintiff.

Jordan & Wright, Greensboro, for defendant Harold F. Brooks.

DENNY, Justice.

We shall first consider the appeal of the plaintiff. The judgment of the court below, sustaining the demurrer ore tenus to the plaintiff's pleadings, is tantamount to an order to the effect that the plaintiff may not now assert any claim he might have against Harold F. Brooks, as a result of the collision which occurred on 5th September, 1951, since he failed to file a cross-action against Brooks in the suit instituted by Beatrice Morgan, in...

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