Johnson v. Cleveland County Board of Education
Supreme Court of North Carolina
1Opinion of the CourtBarnhill, C. J.
We observe with disfavor that tbe and/or method of naming tbe defendants in tbe captions to tbe summons and pleadings filed has been adopted in this cause. The question immediately arises: Does plaintiff seek recovery against tbe County Board of Education or tbe State Board or against both defendants? When a judge of tbe Superior Court acquires jurisdiction of tbe parties and tbe subject matter in pending litigation, any judgment or decree entered by him becomes res judi-cata as to tbe parties and all their privies. Hence, more exactitude in naming those who are defendants is required. Gibson…
2Cases cited4 opinions
- Gibson v. Central Manufacturers' Mutual InsuranceSupreme Court of North Carolina · 1950
- Davison v. Duke UniversitySupreme Court of North Carolina · 1973
- State v. DaughtrySupreme Court of North Carolina · 1952
- State v. McLambSupreme Court of North Carolina · 1952
3Cited by3 opinions
- Thomas & Howard Co. of Shelby, Inc. v. American Mutual Liability InsuranceSupreme Court of North Carolina · 1954
- In Re Appeal of TadlockSupreme Court of North Carolina · 1964
- State Ex Rel. North Carolina Utilities Commission v. McKinnonSupreme Court of North Carolina · 1961