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HALL v. CARROLL

No. 94.

116 S.E.2d 459 (1960)

253 N.C. 220

Mattie Estelle HALL, Administratrix of the Estate of Lillie Mae Hall, Plaintiff, v. Harry CARROLL and Champion Paper and Fibre Company, Defendants; John H. Singleton and Ulysses Moore, Additional Defendants. Roberta McMillian MOORE, Administratrix of the Estate of James Arthur McMillian, Plaintiff, v. Harry CARROLL and Champion Paper and Fibre Company, Defendants; John H. Singleton and Ulysses Moore, Additional Defendants.

Supreme Court of North Carolina.

October 19, 1960.

Attorney(s) appearing for the Case

S. Thomas Walton, Asheville, for plaintiffs, appellants.

Van Winkle, Walton, Buck & Wall, by Herbert L. Hyde, Asheville, for defendant Harry Carroll, appellee.

HIGGINS, Justice.

These actions were not brought within two years after the deaths of plaintiffs' intestates. G.S. § 1-53 subd. 4. They are, therefore, barred unless kept alive as continuations of former actions. G.S. § 1-25. The trial court made extensive findings of fact and concluded as a matter of law the present actions are new, and dismissed them.

The court properly found the plaintiffs are the same, but that John S. Singleton, Andrew E. Cox...

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