Legal Opinion

Ballard Ex Rel. Smith v. Hunter

Court of Appeals of North Carolina

Decided November 17, 1971No. 7126SC720PublishedCited by 5 opinions

1Opinion of the Court

MALLARD, Chief Judge.

G.S. lB-3(e) of the Uniform Contribution among TortFeasors Act provides:

“The recovery of judgment against one tort-feasor for the injury or wrongful death does not of itself discharge the other tort-feasors from liability to the claimant. The satisfaction of the judgment discharges the other tort-feasors from liability to the claimant for the same injury or wrongful death, but does not impair any right of contribution.” (Emphasis added.)

The question for decision on appeal, therefore, is whether there was a valid judgment as to the defendants Hunter, accepted by the…

2Cases cited7 opinions

  1. Lessee of Livingston v. MooreSupreme Court of the United States · 1833
  2. Ferrell v. . BroadwaySupreme Court of North Carolina · 1900
  3. Johnston County v. . EllisSupreme Court of North Carolina · 1946
  4. Butler v. . WinstonSupreme Court of North Carolina · 1943
  5. Wachovia Bank & Trust Company v. BuchanSupreme Court of North Carolina · 1962

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Leslie v. Estate of TavaresHawaii Supreme Court · 1999
  2. Yarborough v. YarboroughCourt of Appeals of North Carolina · 1975
  3. In Re Krispy Kreme Doughnuts, Inc. S'holder Litig.North Carolina Business Court · 2018
  4. Wade v. BaybarzCourt of Appeals of Tennessee · 1983
  5. DeMayo v. Stone By Lynch, LLCCourt of Appeals of North Carolina · 2014

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