Powell v. Cross

On plaintiff’s appeal in the prior action the Supreme Court affirmed the judgment of compulsory nonsuit in an opinion filed on 24 February 1965 on the ground of insufficiency of plaintiff’s evidence. The record shows that the instant action was commenced by the issuance of summons on 21 February 1966, which is within one year after the judgment of compulsory nonsuit was affirmed in the Supreme Court. G.S. 1-25.

The sole question presented on this appeal is whether the trial *136court erred in sustaining defendants’ pleas of estoppel and res judicata, and dismissing the instant action on that…