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GILLIKIN v. GILLIKIN.

No. 92.

104 S.E.2d 861 (1958)

248 N.C. 710

Clyde O'Neal GILLIKIN, by his Next Friend, Lola Gillikin, v. Richard GILLIKIN.

Supreme Court of North Carolina.

September 17, 1958.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff, appellant.

R. E. Whitehurst, New Bern, and C. R. Wheatly, Jr., Beaufort, for defendant, appellee.

BOBBITT, Justice.

"A plea in bar is one that denies the plaintiff's right to maintain the action, and which, if established, will destroy the action." Mcintosh, N. C. Practice and Procedure, Sec. 523; Murchison Nat. Bank v. Evans, 191 N.C. 535, 132 S.E. 563.

If the alleged compromise and settlement is established, plaintiff's action is barred; but, it should be noted, defendant pleads in bar a consummated compromise and settlement.

Ordinarily...

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