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BLANTON v. McLAWHORN

No. 6910SC59.

170 S.E.2d 559 (1969)

6 N.C. App. 576

Sankey L. BLANTON, Plaintiff, v. Allen Hoyt McLAWHORN, Defendant, and Lillian H. Blanton, Additional Defendant.

Court of Appeals of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Smith, Leach, Anderson & Dorsett, by Willis Smith, Jr., Raleigh, for defendant appellant.

Harris, Poe, Cheshire & Leager, by W. C. Harris, Jr., Raleigh, for additional defendant appellee.

FRANK M. PARKER, Judge.

Defendant appellant's only assignment of error is the denial of his motion to be allowed to amend his answer to plead the prior judgment as res judicata on his cross action against the additional defendant for contribution. The motion to amend was made on 6 August 1968, more than two years after the original answer was filed and long after the time for filing answer had expired. "After the...

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