The opinion
.
_ Pee CueiaM.
The judgment in this action is affirmed on the authority of
Brown v. Polk,
201 N. C., 375 , 160 S. E., 357 , and decisions of this Court cited in the opinion in that case. A judgment in the action pending in the Superior Court of Lee County at the date of the commencement of this action would not support a plea of
res judicata
in this action. The causes of action alleged in the complaints in the two actions are not the same; and the results sought are dissimilar. This renders the plea in abatement bad.
The Commissioner of Banks by name should be made a party to this action. This may be done by amendment.
Commissioner of Banks v. Harvey, ante,
380.
Affirmed.