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201 N.C. 375

160 S.E 357

Brown v. . Polk

Supreme Court of North Carolina

Decided September 30, 1931

Supreme Court of North Carolina · decided 1931-09-30

Cited by 6 later decisions — most recently November 1952

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1931-09-30

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Stacy, C. J.,

¶1 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.

¶2 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.

¶3 Affirmed.

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