BUCHANAN v. SMAWLEY

No. 29.

99 S.E.2d 787 (1957)

246 N.C. 592

Mae Snyder BUCHANAN v. G. D. SMAWLEY.

Supreme Court of North Carolina.

September 18, 1957.


Attorney(s) appearing for the Case

Hamrick & Hamrick, Rutherfordton, for plaintiff appellant.

Stover P. Dunagan, Hamrick & Jones, Rutherfordton, for defendant appellee.


WINBORNE, Chief Justice.

This appeal challenges, and properly so, the judgment sustaining the demurrer from which appeal is taken.

The applicable statute, G.S. § 1-127, provides in sub-section 3 thereof that defendant may demur to the complaint when it appears upon the face of it that "there is another action pending between the same parties for the same cause." And applying this statute it is uniformly held...

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