# Thompson v. . Herring

> Supreme Court of North Carolina · June 29, 1932 · 203 N.C. 112

URL: https://www.frixlaw.com/law-library/cases/3658412

## Case

- **Full name:** B. G. Thompson v. L. F. Herring and Mrs. Elmetta Herring.
- **Court:** Supreme Court of North Carolina
- **Decided:** June 29, 1932
- **Citations:** 203 N.C. 112; 164 S.E. 619; 1932 N.C. LEXIS 319
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 1 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/3658412

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3658412. Public record. Not legal advice.