Legal Opinion

Hampton v. North Carolina Pulp Co.

Supreme Court of North Carolina

Decided November 10, 1943PublishedCited by 42 opinions

1Opinion of the Court

DEFENDANT’S APPEAL.

Seawell, J.

The appeal of the defendant is from the refusal of the trial judge to dismiss the action for want of jurisdiction, on the ground that another action is pending between the same parties with respect to the same cause of action; and on the ground that the present controversy h.as become res judicata because of a final judgment in the cause in the Federal Court. It is not necessary to point but the'contradictory nature of these pleas. While the trial judge, finding the facts, noted that the case in the Federal Court referred to by the defendant was still pending on…

2Cases cited30 opinions

  1. Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
  2. Holyoke Co. v. LymanSupreme Court of the United States · 1873
  3. Arizona Copper Co. v. GillespieSupreme Court of the United States · 1913
  4. Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
  5. Farmers Co-Operative Manufacturing Co. v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1895

25 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. People Express Airlines, Inc. v. Consolidated Rail Corp.Supreme Court of New Jersey · 1985
  2. King v. GrindstaffSupreme Court of North Carolina · 1973
  3. Neuse River Foundation, Inc. v. Smithfield Foods, Inc.Court of Appeals of North Carolina · 2002
  4. Union Oil Company v. James J. Oppen and John J. MastersonCourt of Appeals for the Ninth Circuit · 1974
  5. Curd v. Mosaic Fertilizer, LLCSupreme Court of Florida · 2010

37 more not listed; retrieve them via the Exa API.

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