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PEMBERTON v. LEWIS

No. 597.

90 S.E.2d 245 (1955)

243 N.C. 188

R. Frazier PEMBERTON and Mrs. Marguerite Pemberton Harrelson, Guardians of W. S. Pemberton v. J. L. LEWIS, Trading as Lewis Funeral Home, and Richard Gordon.

Supreme Court of North Carolina.

November 30, 1955.

Attorney(s) appearing for the Case

Armistead W. Sapp, Greensboro, for appellants.

Frazier & Frazier, Greensboro, for appellees.

DENNY, Justice.

It seems to be settled in this jurisdiction that a judgment of nonsuit is not res judicata as to a second action unless it is made to appear that the second action is between the same parties, on the same cause of action, and upon substantially the same evidence. Craver v. Spaugh, 227 N.C. 129, 41 S.E.2d 82; Batson v. City Laundry Co., 206 N.C. 371, 174 S.E. 90; Hampton v. Rex Spinning Co., 198 N.C. 235, 151 S.E. 266.

Ordinarily, a motion...

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