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WALL FUNERAL HOME, INC. v. STAFFORD

No. 6921SC31.

165 S.E.2d 532 (1969)

3 N.C. App. 578

WALL FUNERAL HOME, INC., Original Plaintiff, and Continental Insurance Company, Additional Plaintiff, v. W. L. STAFFORD, Jr., Guardian ad Litem for Jimmie Lee Holmes and Bertha Smith, Original Defendants, and John Doe, Additional Defendant.

Court of Appeals of North Carolina.

February 5, 1969.

Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson, by J. Robert Elster and John M. Harrington, Winston-Salem, for original plaintiff appellee.

Womble, Carlyle, Sandridge & Rice, by Jimmy H. Barnhill, Winston-Salem, for original defendant appellants.

PARKER, Judge.

Appellant's sole assignment of error is addressed to the court's allowing plaintiff's motion to strike his cross action. Appellant, an original defendant in this tort action, has attempted to set up a cross action for contribution under G.S. § 1-240. (Since this action was commenced prior to 1 January 1968, G.S. § 1B-8 is not applicable; see §§ 3½ and 4, Ch. 847 of the 1967 Session Laws.) By this means he seeks to bring in as...

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