WORTHINGTON v. WOOTEN

No. 312.

86 S.E.2d 767 (1955)

242 N.C. 88

L. F. WORTHINGTON v. Frank M. WOOTEN, Jr., as Commissioner and Pitt County Drainage District No. 8.

Supreme Court of North Carolina.

April 13, 1955.


Attorney(s) appearing for the Case

Sam B. Underwood, Jr., Greenville, for plaintiff-appellant.

Frank M. Wooten, Jr., Greenville, for defendant-appellee.


DEVIN, Justice.

From the pleadings and the records introduced in the trial, Judge Frizzelle concluded that the plaintiff was estopped further to prosecute this action. He held that the judgment heretofore rendered in a former action between the same parties involving the same subject matter was valid and conclusive as to the matters herein alleged as the basis of the present action. Judgment was rendered accordingly and in this we concur.

"Where a second action...

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