Cowart v. Honeycutt

Defendant’s plea of a release is a plea in bar going to plaintiff’s entire cause of action, and if established by proof, would defeat and destroy her action altogether. McAuley v. Sloan, 173 N.C. 80, 91 S.E. 701; Bank v. Evans, 191 N.C. 535, 132 S.E. 563; Ward v. Heath, 222 N.C. 470, 24 S.E. 2d 5; Watkins v. Grier, 224 N.C. 339, 30 S.E. 2d 223; Gillikin v. Gillikin, 248 N.C. 710, 104 S.E. 2d 861.

Judge Hobgood in the exercise of his discretion had the power under the circumstances here to enter an order that the plea in bar going to plaintiff’s right to maintain her cause of action should be…