Thompson v. . Herring
Supreme Court of North Carolina
Thompson v. . Herring, 164 S.E. 619 (N.C. 1932)
203 N.C. 112; 1932 N.C. LEXIS 319
Stacy
Thompson v. . Herring
Opinion of the Court
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.
Affirmed.
Reference
- Full Case Name
- B. G. Thompson v. L. F. Herring and Mrs. Elmetta Herring.
- Cited By
- 1 case
- Status
- Published