Thompson Ex Rel. Thompson v. Hamrick

Court of Appeals of North Carolina

Thompson Ex Rel. Thompson v. Hamrick

209 S.E.2d 305, 23 N.C. App. 550, 1974 N.C. App. LEXIS 2151

CourtCourt of Appeals of North Carolina

DecidedNovember 6, 1974

Docket7429SC654

StatusPublished

Cited by2 cases

This text of 209 S.E.2d 305 (Thompson Ex Rel. Thompson v. Hamrick) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Thompson Ex Rel. Thompson v. Hamrick, 209 S.E.2d 305, 23 N.C. App. 550, 1974 N.C. App. LEXIS 2151 (N.C. Ct. App. 1974).

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Opinion

*551 VAUGHN, Judge.

Defendant’s plea of res judicata in this case should have been sustained only if there was an identity of parties, subject matter and issues with the earlier case. The minor plaintiff in this case was neither a party nor one in privity with a party to the other action and, of course, he had no control over the other lawsuit. That his father was a party in the other action is irrelevant to this minor’s right to prosecute his separate cause of action. The judgment from which plaintiff appealed is contrary to law and must be reversed.

Reversed.

Judges Campbell and Britt concur.

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*551 VAUGHN, Judge.

Defendant’s plea of res judicata in this case should have been sustained only if there was an identity of parties, subject matter and issues with the earlier case. The minor plaintiff in this case was neither a party nor one in privity with a party to the other action and, of course, he had no control over the other lawsuit. That his father was a party in the other action is irrelevant to this minor’s right to prosecute his separate cause of action. The judgment from which plaintiff appealed is contrary to law and must be reversed.

Reversed.

Judges Campbell and Britt concur.

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Bluebook (online)

209 S.E.2d 305, 23 N.C. App. 550, 1974 N.C. App. LEXIS 2151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-ex-rel-thompson-v-hamrick-ncctapp-1974.

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