SEAWELL, Justice.
The appellant bases his right to a dismissal of this proceeding on two grounds: First, that there was another suit pending involving the same subject matter when the instant case was begun. But he succeeded in showing that the prior case had been dismissed long before the present case was called for a hearing, and that it was not pending when he made his plea in bar. Grubbs v. W. B. Ferguson & Co., 136 N.C. 60, 48 S.E. 551; Cook v. Cook, 159...
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