Supreme Court of North Carolina, 1929

Whitaker-Holtsinger Hardware Co. v. Whitten

Whitaker-Holtsinger Hardware Co. v. Whitten
Supreme Court of North Carolina · Decided May 22, 1929 · Stacy
148 S.E. 239; 197 N.C. 251; 1929 N.C. LEXIS 207 (South Eastern Reporter)

Whitaker-Holtsinger Hardware Co. v. Whitten

Opinion of the Court

Stacy, C. J.,

after stating the case: It is apparent from the record that the first creditors’ bill was “nonsuited” only so far as it assailed the validity of the purchase-money mortgage given by Whitten to Fowler, and this upon the ground that no evidence had been offered to support the *253 allegation of fraud. Hence, the trial court properly held that the judgment entered in the consolidated action tried at the May Term, 1928, Madison Superior Court, was a bar to the present suit. The plaintiffs have had their day in court; they are still in court in the other action; they have no just cause for complaint at the action of the trial court in dismissing the present suit. Morrison v. Lewis, ante, 79; Allen v. Salley, 179 N. C., 147, 101 S. E., 545.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.