CLARY v. NIVENS

No. 7126SC541.

184 S.E.2d 374 (1971)

12 N.C. App. 690

Dewey Mack CLARY v. D. L. NIVENS et al.

Court of Appeals of North Carolina.

November 17, 1971.


Attorney(s) appearing for the Case

John D. Warren and Warren D. Blair, Charlotte, for plaintiff appellant.

W. A. Watts, Charlotte, for defendants appellees.


VAUGHN, Judge.

Plaintiff did not except to the dismissal of his claim for false arrest which was properly dismissed as being barred by G.S. § 1-54. The question presented is whether plaintiff's claim for malicious prosecution is barred by the Statute of Limitations in that he first sought to recover on this theory in an amended complaint which was filed more than three years after the events which gave rise to the...

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