Streater v. Marks

In Greene v. Laboratories, Inc., 254 N.C. 680, 120 S.E. 2d 82, followed in Bass v. Lee, 255 N.C. 73, 120 S.E. 2d 570, this Court said:

*35“In an action against two defendants, as joint tort-feasors, may one defendant set up a plea for contribution against the co-defendant and thereby preclude dismissal of the co-defendant during the trial and before judgment (paragraph 10 of Seventh Further Answer and Defense) ?

“The answer is ‘No.' ”

In the Greene case, as here, one of the defendants, originally sued by the plaintiff, filed a further answer in which he alleged a cross-action against his original…