Thompson v. . Herring

Supreme Court of North Carolina

Thompson v. . Herring

164 S.E. 619, 203 N.C. 112, 1932 N.C. LEXIS 319

CourtSupreme Court of North Carolina

DecidedJune 29, 1932

StatusPublished

Cited by1 cases

This text of 164 S.E. 619 (Thompson v. . Herring) 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.

Bluebook

Thompson v. . Herring, 164 S.E. 619, 203 N.C. 112, 1932 N.C. LEXIS 319 (N.C. 1932).

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Opinion

Stacy, C. J.,

after stating the case: The plea in abatement was properly overruled. Brown v. Polk, 201 N. C., 375, 160 S. E., 357. The parties are not the same and the causes of action are different in the two suits. A final judgment in the action brought in Greene County by L. E. -Herring against B. G. Thompson would not support a plea of res judicata in the present action instituted in Wayne County. This is one of the tests of identity. Bank v. Broadhurst, 197 N. C., 365, 148 S. E., 452.

Affirmed.

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Stacy, C. J.,

after stating the case: The plea in abatement was properly overruled. Brown v. Polk, 201 N. C., 375, 160 S. E., 357. The parties are not the same and the causes of action are different in the two suits. A final judgment in the action brought in Greene County by L. E. -Herring against B. G. Thompson would not support a plea of res judicata in the present action instituted in Wayne County. This is one of the tests of identity. Bank v. Broadhurst, 197 N. C., 365, 148 S. E., 452.

Affirmed.

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Bluebook (online)

164 S.E. 619, 203 N.C. 112, 1932 N.C. LEXIS 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-herring-nc-1932.

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