Dwiggins v. Parkway Bus Co.

Did the court below err in denying motion of defendant Parkway Bus Company for dismissal of present action on the ground that there is another action pending between the same parties for the same cause? G.S. 1-127. Tbis is tbe determinative question on tbis appeal, and tbe answer is “Yes.”

“Where an action is instituted, and it appears to tbe court by plea, answer or demurrer, tbat there is another action pending between tbe same parties and substantially on tbe same subject matter, and tbat all tbe material questions and rights can be determined therein, such action will be dismissed,”…