Claywell v. Sudderth

Decided June 15, 1877

Supreme Court of North Carolina · decided 1877-06-15

heard at Chambers on the 1st day of June, 1877, before Furches, J. The defendant’s counsel moved to dismiss this action upon the ground that there was a similar proceeding pending'^in Caldwell Superior Court, between the same parties, involving the same subject matter, and in which various orders of reference, reports, and decrees have been made.

Cited by 3 later decisions — most recently November 1952

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-06-15

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Reads, J.

¶1The pendency of the action between the same parties for the same cause in another County, and in another Court having jurisdiction, is a good defence to this action, as it avoids multiplicity of suits.

¶2There is no error. This will be certified.

¶3Per Curiam. Judgment affirmed.