Perry v. Owens

The complaint herein contains no reference to the prior action instituted by the present defendant against the present plaintiff in the Durham County Civil Court and now pending in said court. Hence, assuming said prior action “is another action pending between the same parties for the same cause,” within the meaning of G.S. 1-127 (3), defendant was required by G.S. 1-133 to assert his plea in abatement by answer. McDowell v. Blythe Brothers Co., 236 N.C. 396, 399, 72 S.E. 2d 860, and cases cited; Buchanan v. Smawley, 246 N.C. 592, 99 S.E. 2d 787; Wallace v. Johnson, 251 N.C. 11, 17, 110 S.E.…