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PITTMAN v. PITTMAN

No. 96.

104 S.E.2d 880 (1958)

248 N.C. 738

Catherine Raines PITTMAN; Calvin T. Pittman and wife, Marjorie A. Pittman; Robert Pittman and wife, Doris B. Pittman; and Bernice Pittman Painter and husband, Robert W. Painter, v. Nellie Wolfe Cole PITTMAN; Wade Hall, Jr., Administrator of the Estate of Archie Pittman, Deceased; J. Gerald Cowan, Trustee; and Wachovia Bank and Trust Company.

Supreme Court of North Carolina.

September 24, 1958.

Attorney(s) appearing for the Case

Sanford W. Brown, Asheville, for defendant, appellant.

W. Y. Wilkins, Jr., Tryon, and H. Kenneth Lee, Asheville, by H. Kenneth Lee, Asheville, for plaintiffs, appellees.

HIGGINS, Justice.

"The pendency of a prior action between the same parties for the same cause in a State court of competent jurisdiction works an abatement of a subsequent action either in the same court or in another court of the State having like jurisdiction." McDowell v. Blythe Bros. Co., 236 N.C. 396, 72 S.E.2d 860, 862. "The ordinary test for determining whether or not the parties and causes...

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