Supreme Court of North Carolina, 1967

FRANK H. CONNER COMPANY v. Quenby Corp.

FRANK H. CONNER COMPANY v. Quenby Corp.
Supreme Court of North Carolina · Decided December 13, 1967 · Per Curiam
158 S.E.2d 22; 272 N.C. 214; 1967 N.C. LEXIS 1001 (South Eastern Reporter, Second Series)

FRANK H. CONNER COMPANY v. Quenby Corp.

Opinion

Pee Cueiam.

The Court was correct in its ruling. In Sales Co. v. Seymour, 255 N.C. 714, 122 S.E. 2d 605, this Court said:

“Decisions of this Court uniformly hold that the pendency of a prior action between the same parties for the same cause of action in a State court of competent jurisdiction works an abatement of a subsequent action either in the same court or in another court of the State having jurisdiction.”

We have this day decided the case of Quenby v. Conner, ante, p. 208. The facts alleged in that case are substantially similar to the ones involved herein. In dismissing this action there was

No error.

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