Citizens Saving & Loan Co. v. Warren

Stacy, 0. J.,

after stating the case: The correctness of the ruling, from which defendant appeals, depends on whether the present proceeding is a new action or a continuation of the old one; for, if it be the same suit, the condition upon which the verdict was set aside at the May Term, 1931, still binds; otherwise not.

In those cases where the plaintiff seeks to use the original action to repel the bar of the statute, expressions may be found tending to support the theory of a guasi-continuous action. Anonymous, 3 N. C., 63. “In legal contemplation both make but one” — Ruffin, J., in Morrison…