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KAYLER v. GALLIMORE

No. 537.

152 S.E.2d 518 (1967)

269 N.C. 405

Michael Colin KAYLER, Plaintiff, v. Victor Tyson GALLIMORE, Defendant.

Supreme Court of North Carolina.

February 3, 1967.

Attorney(s) appearing for the Case

D. D. Smith and G. Hobart Morton, Albemarle, for plaintiff appellant.

Richard L. Brown, Jr., and Charles P. Brown, Albemarle, for defendant appellee.

LAKE, Justice.

The fact that Kayler was at one time a party to the suit between Stewart and Gallimore has no present significance. He was dismissed from that suit prior to the entry of the judgment upon which he now relies. The effect of that judgment upon the present action is, therefore, to be determined as if Kayler had never been made a party to the Stewart case. State ex rel. Northwestern Bank v. Fidelity & Casualty Co., 268 N.C. 234

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