Legal Opinion

Johnson v. Cleveland County Board of Education

Supreme Court of North Carolina

Decided November 3, 1954No. 305PublishedCited by 3 opinions

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

  1. Gibson v. Central Manufacturers' Mutual InsuranceSupreme Court of North Carolina · 1950
  2. Davison v. Duke UniversitySupreme Court of North Carolina · 1973
  3. State v. DaughtrySupreme Court of North Carolina · 1952
  4. State v. McLambSupreme Court of North Carolina · 1952

3Cited by3 opinions

  1. Thomas & Howard Co. of Shelby, Inc. v. American Mutual Liability InsuranceSupreme Court of North Carolina · 1954
  2. In Re Appeal of TadlockSupreme Court of North Carolina · 1964
  3. State Ex Rel. North Carolina Utilities Commission v. McKinnonSupreme Court of North Carolina · 1961

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