NELSON v. CARROLL

No. 6819SC306.

164 S.E.2d 72 (1968)

3 N.C. App. 26

Evelyn D. NELSON v. Richard Dale CARROLL, a minor, by his Guardian Ad Litem Mae S. Carroll, and Mae S. Carroll, Original Defendants, and Bobby Linn Morton and Minor Love, d/b/a Love Motors, Additional Defendants. Patricia Ann NELSON, a minor, by her Next Friend Maurice B. Nelson v. Richard Dale CARROLL, a minor, by his Guardian Ad Litem Mae S. Carroll, and Mae S. Carroll, Original Defendants, and Bobby Linn Morton and Minor Love, d/b/a Love Motors, Additional Defendants. Mary Hopkins SEHORN v. Evelyn Dunn NELSON, Maurice B. Nelson, Richard Dale Carroll, a minor, by his Guardian Ad Litem Mae S. Carroll, and Bobby Linn Morton, Original Defendants, and Minor Love, d/b/a Love Motors, Additional Defendant.

Court of Appeals of North Carolina.

November 13, 1968.


Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman, by J. Donnell Lassiter, Charlotte, for appellant, Bobby Linn Morton.

Helms, Mullis & Johnston, by E. Osborne Ayscue, Jr., Charlotte, for appellee, Minor Love.


BROCK, Judge.

The determinative question upon this appeal is whether Bobby Linn Morton has alleged a cause of action for contribution against Minor Love. It should be noted at the outset that this action was instituted and all motions for additional parties were made before 1 January 1968, the effective date upon which G.S. § 1-240 was repealed by Session Laws 1967, c. 847, s. 2. Also the pleadings by Bobby Linn Morton specify that he seeks contribution from...

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