Lehrer v. EDGECOMBE MANUFACTURING COMPANY

MALLARD, Chief Judge.

Neither of the motions filed by Dobie contained the rule number under which the movant was proceeding. The trial judge should have declined to rule upon the motions because they did not comply with Rule 6 of the “General Rules of Practice for the Superior and District Courts” as contained in Volume 276, page 735, of the North Carolina Reports. However, since plaintiff has not argued this failure, we consider the appeal on its merits.

The appeal presents this question for decision: Is the pend-ency of a prior action by the plaintiff against the defendant Dobie in a United…