Pemberton v. Lewis

It seems to be settled in this jurisdiction that a judgment of nonsuit is not res judicata as to a second action unless it is made to appear that the second action is between the same parties, on the same' cause of action, and upon substantially the same evidence. Craver v. Spaugh, 227 N.C. 129, 41 S.E. 2d 82; Batson v. Laundry, 206 N.C. 371, 174 S.E. 90; Hampton v. Spinning Co., 198 N.C. 235, 151 S.E. 266.

Ordinarily, a motion to dismiss an action on the plea of res judicata will not be allowed on the pleadings alone. Craver v. Spaugh, supra; Buchanan v. Oglesby, 207 N.C. 149, 176 S.E. 281;…