Kayler v. Gallimore

The fact that Kayler was at one time a party to the suit between Stewart and Gallimore has no present significance. He was dismissed from that suit prior to the entry of the judgment upon which he now relies. The effect of that judgment upon the present action is, therefore, to be determined as if Kayler had never been made a party to the Stewart case. Bank v. Casualty Co., 268 N.C. 234, 150 S.E.2d 396. It is also immaterial to the determination of the question now before us that Kayler was a witness in the trial of the action brought by Stewart. Idem; Meacham v. Larus & Brothers Co., 212 N.C. 646, 194 S.E. 99.