Reid v. Holden

As stated by Seawell, J., in Sanderson v. Ins. Co., 218 N.C. 270, 10 S.E. 2d 802: “Res judicata is an affirmative plea in bar which must be taken by answer and supported by competent evidence. When properly raised, the issue will be determined according to the practice of the Court, but the defense is not available on a motion to dismiss. Williams v. Hutton & Bourbonnais Co., 164 N.C. 216, 80 S.E. 257; Redmond v. Coffin, 17 N.C. 437; Bear v. Comrs. of Brunswick County, 124 N.C. 204, 32 S.E. 558.”

Nor can this plea be considered on demurrer unless the facts supporting it appear on the face of…