Solon Lodge No. 9 Knights of Pythias Co. v. Ionic Lodge Free Ancient & Accepted Masons No. 72 Co.

A prior action, commenced 12 March, 1949, was instituted sub nomine Ionic Lodge #72 F. & A. A. M. against the respondent herein and others. It involved the identical realty and essentially the same controversy. Ionic Lodge v. Masons, 232 N.C. 252, 59 S.E. 2d 829; S.c. on rehearing, 232 N.C. 648, 62 S.E. 2d 73. The final decision affirmed dismissal of the action on the ground that under the statutory provisions then in force the plaintiff lacked legal capacity to sue in its common or collective name. Prior to the enactment of the statute (1955) now codified as G.S. 1-69.1, to wit, on 26…