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SISK v. PERKINS

No. 199.

140 S.E.2d 753 (1965)

264 N.C. 43

Novella SISK v. Lee Augustus PERKINS, Original Defendant, and David William Sisk, Additional Defendant.

Supreme Court of North Carolina.

March 17, 1965.

Attorney(s) appearing for the Case

Mullen, Holland & Harrell, Gastonia, for original defendant appellant.

Childers & Fowler, Whitener & Mitchem, Gastonia, for additional defendant appellee.

Verne E. Shive, Gastonia, for plaintiff appellee.

DENNY, Chief Justice.

The appellant herein assigns as error the ruling of the court below that the judgment heretofore entered in the action between Lee Augustus Perkins and David William Sisk is not res judicata in the instant case as between the original defendant and the additional defendant, as shown by the amendment to the answer of defendant Lee Augustus Perkins. "* * * (W)here A sues B alone as tort feasor, and B impleads

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