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203 N.C. 112

164 S.E 619

Thompson v. . Herring

Supreme Court of North Carolina

Decided June 29, 1932

Supreme Court of North Carolina · decided 1932-06-29

Cited by 1 later decisions — most recently April 1952

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1932-06-29

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Stacy, C. J.,

¶1 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.

¶2 Affirmed.

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