Moore v. . Moore

'WiNBORNE, J.

The contention of defendant, appellant, that the court erred in denying his plea in abatement is-well taken.

In this State a civil action is deemed to be pending from the time it is-commenced until its final determination. McFetters v. McFetters, 219 N. C., 731, 14 S. E. (2d), 833, and authorities there cited. A civil action is commenced by the issuance of a summons. G. S., 1-88. The final determination is by judgment. G. S., 1-208.

In the light of these principles the question is whether the purported judgment of nonsuit signed by the clerk of Superior Court of Pamlico County is a…