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.