Baushar v. . Willis

The appealing defendant excepted to the denial of bis plea in abatement on the ground that there was another action pending between the same parties for the same cause.

This case was before this Court at the Fall Term, 1934, upon the defendant’s appeal from an order of the Superior Court continuing the restraining order to the bearing, and is reported in 207 N. C., 511. There it is said: “There is no finding that the prior action is for the same cause, and that they are substantially alike. Indeed, the two are apparently dissimilar.” Upon the trial in the court below Judge Small made certain…