Gillikin Ex Rel. Gillikin v. Gillikin

"A plea in bar is one that denies the plaintiff’s right to maintain the action, and which, if established, will destroy the action.” McIntosh, N. C. Practice and Procedure, Sec. 523; Bank v. Evans, 191 N.C. 535, 132 S.E. 563.

If the alleged compromise and settlement is established, plaintiff’s action is barred; but, it should be noted, defendant pleads in bar a consummated compromise and settlement.

Ordinarily, it is for the trial judge, in the exercise of his discretion, to determine whether in the circumstances of a particular case a plea in bar is to be disposed of prior to trial on the…