Whitaker-Holtsinger Hardware Co. v. Whitten

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

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.

Reference

Full Case Name
WHITAKER-HOLTSINGER HARDWARE COMPANY Et Al. v. W. T. WHITTEN Et Al.
Status
Published