McDOWELL v. BLYTHE BROS. CO.

No. 391.

72 S.E.2d 860 (1952)

236 N.C. 396

McDOWELL v. BLYTHE BROS. CO., Inc.

Supreme Court of North Carolina.

November 5, 1952.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff, appellee.

Cochran, McCleneghan & Miller, Charlotte, and Miller & Moser, Asheboro, for defendant, appellant.


ERVIN, Justice.

The appeal presents the single question whether the presiding judge erred in overruling the demurrer interposed by the defendant on the ground that the complaint discloses upon its face that there is another action pending between the plaintiff and the defendant for the same cause within the purview of the statute codified as G.S. § 1-127.

The pendency of a prior action between the same parties for the same cause in a State court of competent...

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