Buchanan v. Smawley

This appeal challenges, and properly so, the judgment sustaining the demurrer from which appeal is taken.

The applicable statute, G.S. 1-127, provides in sub-section 3 thereof that defendant may demur to the complaint when it appears upon the face of it that “there is another action pending between the same parties for the same cause.” And applying this statute it is uniformly held by this Court that if the fact of the pendency of such prior action appears on the face of the complaint, it is ground upon which defendant may demur to the complaint. But if the fact does not so appear, objection…