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SEAWELL v. PURVIS

No. 608.

59 S.E.2d 572 (1950)

232 N.C. 194

SEAWELL et al. v. PURVIS et al.

Supreme Court of North Carolina.

May 24, 1950.

Attorney(s) appearing for the Case

H. F. Seawell, Jr., Carthage, for plaintiff-appellee.

Gavin, Jackson & Gavin, Sanford, for defendants-appellants.

WINBORNE, Justice.

An inspection of the record on this appeal reveals error in law upon the face of the record. The pendency of a prior special proceeding, being pleaded in bar of this special proceeding, as shown by answer appearing in the record, it was the duty of the trial judge to have passed upon the plea before proceeding to give further consideration to other matters at issue. And if there were a prior special proceeding pending between the same parties on...

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