IN RE CUSTODY OF SKIPPER

No. 176.

135 S.E.2d 671 (1964)

261 N.C. 592

In the Matter of the Custody of Elizabeth Anne SKIPPER and Michael Frederick Skipper, Minors.

Supreme Court of North Carolina.

April 8, 1964.


Attorney(s) appearing for the Case

Burnett & Burnett, Wilmington, for applicant appellant.

George Rountree, Jr., Wilmington, for respondent appellant.


RODMAN, Justice.

Respondent assigns as error that portion of Judge Mintz' order holding the plea in abatement insufficient to deprive the Superior Court of this State of jurisdiction to determine the question of custody. Since this contention, if sustained, would render petitioner's appeal moot, we decide respondent's appeal first.

A plea in abatement seeking dismissal of an action, because another action is pending between the same parties on the same right...

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