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CRAWFORD v. WAYNE COUNTY BOARD OF EDUCATION

No. 23.

168 S.E.2d 33 (1969)

275 N.C. 354

Wayne CRAWFORD B/N/F Mary V. Crawford, Plaintiff, v. WAYNE COUNTY BOARD OF EDUCATION, Defendant.

Supreme Court of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

George K. Freeman, Jr., Goldsboro, and Atty. Gen. Robert Morgan, by Staff Atty. Richard N. League, Raleigh, for defendant appellant.

Braswell, Strickland, Merritt & Rouse, Goldsboro, for plaintiff appellee.

PARKER, Chief Justice.

Defendant relies upon three points in his assignments of error, the first of which is as follows:

"Defendant submits that when the name of an employee is omitted from the affidavit in an action brought under G. S. 143-291 or G.S. 143-300.1 of the State Tort Claims Act, it is a jurisdictional defect and cannot be cured by amendment, but only by beginning the action anew. * * *"

This Court has held that it is necessary to a recovery...

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