Commissioner of Banks Ex Rel. United Bank and Trust Co. v. Gavin
This text of 163 S.E. 926 (Commissioner of Banks Ex Rel. United Bank and Trust Co. v. Gavin) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The judgment in this action is affirmed on the authority of Brown v. Polk, 201 N. C., 375, 160 S. E., 357, and decisions of this Court cited in the opinion in that case. A judgment in the action pending in the Superior Court of Lee County at the date of the commencement of this action would not support a plea of res judicata in this action. The causes of action alleged in the complaints in the two actions are not the same; and the results sought are dissimilar. This renders the plea in abatement bad.
The Commissioner of Banks by name should be made a party to this action. This may be done by amendment. Commissioner of Banks v. Harvey, ante, 380.
Affirmed.
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Cite This Page — Counsel Stack
163 S.E. 926, 202 N.C. 843, 1932 N.C. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-banks-ex-rel-united-bank-and-trust-co-v-gavin-nc-1932.