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LAYELL v. BAKER

No. 7923SC778.

264 S.E.2d 406 (1980)

46 N.C. App. 1

Ernest Moses LAYELL v. Patricia Huston BAKER.

Court of Appeals of North Carolina.

April 1, 1980.

Attorney(s) appearing for the Case

Franklin Smith, Elkin and Womble, Carlyle, Sandridge & Rice by James M. Stanley, Jr., Winston-Salem, for plaintiff-appellee.

Hutchins, Tyndall, Bell, Davis & Pitt by William K. Davis, Winston-Salem, for defendant-appellant.

PARKER, Judge.

The parties agree that the validity of the court's order denying defendant's motion in abatement in Case No. 79CVS97 is dependent upon the validity of the court's ruling dismissing defendant's counterclaim in Case No. 77CVS27. If the court was correct in dismissing defendant's counterclaim in the earlier case, then there was no prior action pending and defendant's plea in abatement in the later case fails...

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