Teele v. Kerr
Supreme Court of North Carolina
. Appeal by. defendant, Clafybo-m-e K. Kerr, from Carr, J.; M'arcihT963 Civil Sessioni .of DURHAM. Action to renew a judgment. These facts are either stipulated or established by the record proper: Plaintiff wais bom on October 25, 1938 in Durham County. He was struck by an. automobile 'driven 'by the defendant on March 13, 1946 when he was seven years old.
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. Appeal by. defendant, Clafybo-m-e K. Kerr, from Carr, J.; M'arcihT963 Civil Sessioni .of DURHAM. Action to renew a judgment. These facts are either stipulated or established by the record proper: Plaintiff wais bom on October 25, 1938 in Durham County. He was struck by an. automobile 'driven 'by the defendant on March 13, 1946 when he was seven years old. Thereafter, .on August 25, 1947, the Clerk of the Superior Court of Durham County duly appointed plaintiff’is father, James Henry Teele, as his next .friend to bring an action ■against the defendant to recover for plaintiff’s personal…
1Opinion of the CourtSharp, J.
Where the statute of limitations is properly pleaded, and all the facts with reference to it -are admitted, the question whether it constitutes a bar 'becomes a matter of law. Mobley v. Broome, 248 N.C. 54, 102 S.E. 2d 407. This appeal presents one question: Does the statute limiting the time to bring an action on a judgment to ten years from the date of its rendition, -be'gin to .run' as against an infant where the judgment was procured on his behalf by a next friend appointed for that purpose? If the ¡answer to this question is NO, G.S. 1-17 would permit the plaintiff to- ¡bring an action…
2Cases cited9 opinions
- Tate v. . MottSupreme Court of North Carolina · 1887
- Mobley v. BroomeSupreme Court of North Carolina · 1958
- Rowland Ex Rel. Messer v. BeauchampSupreme Court of North Carolina · 1960
- Johnston County v. . EllisSupreme Court of North Carolina · 1946
- Nolfe v. ByrneTennessee Supreme Court · 1919
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3Cited by20 opinions
- Pembee Mfg. Corp. v. Cape Fear Const. Co., Inc.Supreme Court of North Carolina · 1985
- Little v. RoseSupreme Court of North Carolina · 1974
- Hagins v. Redevelopment Commission of GreensboroSupreme Court of North Carolina · 1969
- Behr v. BehrCourt of Appeals of North Carolina · 1980
- Genesco, Inc. v. Cone Mills Corp.Court of Appeals for the Fourth Circuit · 1979
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