McDowell v. Blythe Bros. Co.

Tbe appeal presents tbe single question whether tbe presiding judge erred in overruling tbe demurrer interposed by tbe defendant on tbe ground tbat tbe complaint discloses upon its face tbat there is another action pending between tbe plaintiff and tbe defendant for tbe same cause within tbe purview of tbe statute codified as G.S. 1-127.

Tbe pendency of a prior action between tbe same parties for tbe same cause in a State court of competent jurisdiction works an abatement of a subsequent action either in tbe same court or in another court of tbe State having like jurisdiction. Cameron v.…