Hunt v. Bradshaw

HAYES, District Judge.

The defendant has moved to dismiss the plaintiff’s cause of action on the defendant’s plea of res judicata basing the motion on the pleadings.

The plaintiff brought an action in the state court against the defendant on the same cause of action and introduced evidence, at the close of which the court dismissed the plaintiff’s case as of non-suit and entered judgment accordingly. The Supreme Court affirmed the judgment in Hunt v. Bradshaw, 242 N.C. 517, 88 S.E.2d 762. The court also denied a petition to rehear.

It is admitted that the plaintiff has paid all costs incident to…