Roth v. Parsons

Court of Appeals of North Carolina November 22, 1972

Roth v. Parsons, 192 S.E.2d 659 (1972)

16 N.C. App. 646; 1972 N.C. App. LEXIS 1793

Britt, Mallard, Brock

Opinion

*647 BRITT, Judge.

We hold that the court properly dismissed the third cause of action. Although appellants attempt to distinguish their case from Henson v. Thomas, 231 N.C. 173, 56 S.E. 2d 432 (1949), we think the legal principles1 in the cases are the same and that the majority opinion in Henson is controlling here. For that reason, the judgment appealed from is

Affirmed.

Chief Judge Mallard and Judge Brock concur.

Reference

Full Case Name: ASHBY R. ROTH, VINCENT P. ROTH and ASHBY D. ROTH, Minors by Their Guardian Ad Litem ASHBY R. ROTH v. PATRICIA A. PARSONS
Cited By: 7 cases
Status: Published