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ST. DENNIS v. THOMAS

No. 93.

70 S.E.2d 3 (1952)

235 N.C. 391

ST. DENNIS et al. v. THOMAS et ux.

Supreme Court of North Carolina.

April 9, 1952.

Attorney(s) appearing for the Case

George A. Shuford, Asheville, for plaintiff appellees.

E. L. Loftin and George H. Ward, Asheville, for defendant appellants.

VALENTINE, Justice.

The trial judge was correct in overruling the plea in abatement. Brown v. Polk, 201 N.C. 375, 160 S.E. 357.

The parties in the two suits are not identical. The causes of action are different, and the results sought are dissimilar. The final judgment in the prior action instituted by L. W. Thomas and wife, Edith R. Thomas, against John St. Dennis and wife, Mignon M. St. Dennis, would not properly support a plea of res judicata in the present...

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