# Brown v. . Polk

> Supreme Court of North Carolina · September 30, 1931 · 201 N.C. 375

URL: https://www.frixlaw.com/law-library/cases/3648585

## Case

- **Full name:** J. F. BROWN Et Al., v. W. T. POLK Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 30, 1931
- **Citations:** 201 N.C. 375; 160 S.E. 357; 1931 N.C. LEXIS 249
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 11 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/3648585

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3648585. Public record. Not legal advice.