Legal Opinion

Gillikin v. United States Fidelity & Guaranty Co.

Supreme Court of North Carolina

Decided March 8, 1961No. 96PublishedCited by 8 opinions

1Opinion of the CourtRodmaN, J.

For the reasons given in Gillikin v. Springle, ante, 240, plaintiff cannot recover because of the alleged conspiracy to defeat, by perjured testimony, his action for damages for the wrongful death of his intestate.

Certainly if he cannot recover against Springle personally for the alleged perjured testimony, no right of action can be maintained against Springle as coroner because of such perjured testimony.

In final analysis plaintiff’s asserted right to recover in this action is predicated upon the assertion that Springle as coroner refused to hold an inquest.

Coroners are public officers. Art.…

2Cases cited4 opinions

  1. State v. PhelpsSupreme Court of North Carolina · 1955
  2. Phelps v. DawsonCourt of Appeals for the Eighth Circuit · 1938
  3. State v. . KnightSupreme Court of North Carolina · 1881
  4. Furr v. . MossSupreme Court of North Carolina · 1860

3Cited by8 opinions

  1. Burns v. GenoveseSupreme Court of Louisiana · 1969
  2. Cherry v. HarrisCourt of Appeals of North Carolina · 1993
  3. Delatte v. GenoveseDistrict Court, E.D. Louisiana · 1967
  4. Sanders v. StateCourt of Appeals of Georgia · 1979
  5. Burns v. GenoveseSupreme Court of Louisiana · 1969

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