Alexander v. . Thompson

180 S.E. 575, 208 N.C. 353, 1935 N.C. LEXIS 416

Opinion

Stacy, C. J.

Tbe dissolution of tbe temporary restraining order is not challenged by tbe appeal; nor is tbe foreclosure in equity questioned; tbe only assignment of error relates to tbe dismissal of tbe action.

There was no error in dismissing plaintiff’s alleged cause of action upon the finding, which is unchallenged, that the matters therein sought to be litigated are res judicata. 14 R. C. L., 469.

There was error to the prejudice of the defendants in dismissing the action after granting their prayer for foreclosure in equity. To this end the cause should have been retained for further orders. Warlick v. Reynolds, 151 N. C., 606, 66 S. E., 657.

Modified and affirmed.