Vinson v. . O'Berry

183 S.E. 424, 209 N.C. 289, 1936 N.C. LEXIS 458

• Court: Supreme Court of North Carolina
• Decided: January 22, 1936
• Status: Published

Opinion

Stacy, C. J.

The allegations of the complaint present no serious question of law, and the facts stated therein are not sufficient to invoke the original jurisdiction of the Supreme Court. Cohoon v. State, 201 N. C., 312, 160 S. E., 183; Warren v. State, 199 N. C., 211, 153 S. E., 864; Lacy v. State, 195 N. C., 284, 141 S. E., 886.

Moreover, it appears on the face of the complaint that another action between the same parties, involving the same subject matter, is now pending on appeal from Wayne Superior Court, Vinson v. O’Berry, ante, 287, albeit the plaintiff says in his brief he is seeking injunctive relief there and damages here. Still this is not only taking two bites at the cherry, but biting in two places at the same time.

The proceeding must be dismissed for want of jurisdictional showing.

Proceeding dismissed.

Devin, J., took no part in the consideration or decision of this case.