Hall v. Carroll

These actions were not brought within two years after the deaths of plaintiffs’ intestates. G.S. 1-53(4). They are, therefore, barred unless kept alive as continuations of former actions. G.S. 1-25. The trial court made extensive findings of fact and concluded as a matter of law the present actions are new, and dismissed them.

The court properly found the plaintiffs are the same, but that John S. Singleton, Andrew E. Cox, Sr., and Florence Carroll, original defendants, were omitted, and Champion Fibre Company was added as party defendant. The prayers for recovery were $50,000 in each of the…