Supreme Court of North Carolina, 1931

Brown v. . Polk

Brown v. . Polk
Supreme Court of North Carolina · Decided September 30, 1931 · Stacy
160 S.E. 357; 201 N.C. 375; 1931 N.C. LEXIS 249 (South Eastern Reporter)
Brown v. . Polk

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Opinion of the Court

Stacy, C. J.,

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.

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.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.