# Cuthbertson v. Burton

> Supreme Court of North Carolina · December 16, 1959 · 251 N.C. 457

URL: https://www.frixlaw.com/law-library/cases/6700385

## Case

- **Full name:** MRS. EULA CUTHBERTSON v. ROBERT BURTON, and EXCELL R. CUTHBERTSON, Additional
- **Court:** Supreme Court of North Carolina
- **Decided:** December 16, 1959
- **Citations:** 251 N.C. 457; 111 S.E.2d 604; 1959 N.C. LEXIS 597
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Rodman
- **Judges:** Consideration, Higgins, Rodman, Took
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6700385

## Opinion text

RodmaN, J.
Judge Sharp correctly refused to allow the motion of -additional defendant. The amended answer asserts an affirmative defense -requiring proof. Burton has not by demurrer challenged the -asserted defense andi thereby admitted the facts alleged. The amended answer merely -plead-s the -asserted release and not the order or judgment -pursuant to which the release was executed. Judge Hu-skins both authorized and directed -payment of $1,800 land acceptance -of a release. The scope and -effect of Judge Huskins’ -order can only be -determined' when that is properly before us.
Judge Sharp was without authority to review -and v-acate orders or judgments, not merely interlocutory, entered in the cause 'by another judge of -the Superior Court. Topping v. Board of Education, 249 N. C. 291 , 106 S.E. 2d 502 ; Neighbors v. Neighbors, 236 N.C. 531 , 73 S.E. 2d 153 ; Davis v. Land Bank, 217 N.C. 145 , 7 S.E. 2d 373 . The court properly refused to -allow the motion of additional defendant.
Affirmed.
HiggiNS, J., took no part in the consideration or decision of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6700385. Public record. Not legal advice.