BROOKS v. CAIN

No. 7026SC371.

175 S.E.2d 597 (1970)

James Brady BROOKS v. Curtis CAIN.

Court of Appeals of North Carolina.

August 5, 1970.


Attorney(s) appearing for the Case

B. Kermit Caldwell, Charlotte, for plaintiff-appellee.

Ottway Burton, Asheboro, for defendant-appellant.


VAUGHN, Judge.

The order appealed from is affirmed for the reason that it does not appear that a prior action was pending between the same parties for the same cause. Plaintiff failed to keep up the chain of summonses in his original action. On 20 February 1969, however, plaintiff had an endorsement made on the original summons and thereafter kept the summons alive until service was had on defendant on 11 November 1969. Plaintiff's action was therefore commenced on...

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