Opinion

Thompson v. . Herring

  • 203 N.C. 112
  • 164 S.E. 619
  • 1932 N.C. LEXIS 319
Court
Supreme Court of North Carolina
Filed
Jun 29, 1932
Status
Published
Author
Stacy
On the bench
Stacy
Cited by
1 cases
Authority
More cited than 50.8%

The opinion

Stacy, C. J.,

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

Brown v. Polk,

201 N. C., 375 , 160 S. E., 357 . The parties are not the same and the causes of action are different in the two suits. A final judgment in the action brought in Greene County by L. E. -Herring against B. G. Thompson would not support a plea of

res judicata

in the present action instituted in Wayne County. This is one of the tests of identity.

Bank v. Broadhurst,

197 N. C., 365 , 148 S. E., 452 .

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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