Opinion

Brown v. . Polk

  • 201 N.C. 375
  • 160 S.E. 357
  • 1931 N.C. LEXIS 249
Court
Supreme Court of North Carolina
Filed
Sep 30, 1931
Status
Published
Author
Stacy
On the bench
Stacy
Cited by
11 cases
Authority
More cited than 87.3%

The opinion

Stacy, C. J.,

after stating the case: The plea in abatement was properly overruled.

Hawkins v. Hughes,

87 N. C., 115 . The causes of action are different in the two suits. A final judgment in the action brought in Yanee County would not support a plea of

res judicata

in the subsequent proceeding instituted in "Warren County. This is one of the tests of identity.

Bank v. Broadhurst,

197 N. C., 365 , 148 S. E., 452 . In short, the two suits are unlike: the causes of action are not the same; and the results sought are dissimilar. 1 C. J., 56. This renders the plea in abatement bad.

Nothing was said in

Construction Co. v. Ice Co.,

190 N. C., 580 , 130 S. E., 165 , or

Allen v. Salley,

179 N. C., 147 , 101 S. E., 545 , which militates against our present position.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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