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GILLIKIN v. UNITED STATES FIDELITY & GUARANTY CO.

No. 96.

118 S.E.2d 606 (1961)

254 N.C. 247

C. T. GILLIKIN, Administrator of Louie Elmer Gillikin, Deceased, and Next of Kin to Louie Elmer Gillikin, Deceased, v. UNITED STATES FIDELITY & GUARANTY COMPANY OF BALTIMORE, MARYLAND.

Supreme Court of North Carolina.

March 8, 1961.

Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiff-appellant.

Claud R. Wheatly, Jr., and Thomas S. Bennett, Beaufort, for defendant-appellee.

RODMAN, Justice.

For the reasons given in Gillikin v. Springle, N.Car., 118 S.E.2d 611, plaintiff cannot recover because of the alleged conspiracy to defeat, by perjured testimony, his action for damages for the wrongful death of his intestate.

Certainly if he cannot recover against Springle personally for the alleged perjured testimony, no right of action can be maintained against Springle as coroner because of such perjured...

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