Crouse v. . York and York v. . Crouse
This text of 135 S.E. 451 (Crouse v. . York and York v. . Crouse) 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
On 28 May, 1926, J. L. Crouse brought suit against George C. York, and on 1 June, 1926, George C. York brought suit against J. L. Crouse. In the first case the defendant York moved to dismiss the action, and his motion was denied; in the second case the defendant Crouse made a motion to dismiss York’s action against him, and the motion was allowed. In each instance York excepted and appealed.
His Honor assigned as his reason for dismissing York’s action against Crouse that it was begun after the first action was instituted, and that the two suits are between the same parties and involve the same subject-matter, and that the entire controversy can be determined in the action which was first instituted. We concur in the conclusion announced in each case.
Affirmed.
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Cite This Page — Counsel Stack
135 S.E. 451, 192 N.C. 824, 1926 N.C. LEXIS 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crouse-v-york-and-york-v-crouse-nc-1926.