Pack v. McCoy

112 S.E.2d 118 (1960)

251 N.C. 590

Gar Lee PACK

v.

Robert Cirow McCOY and Queen City Coach Company.

No. 315.

Supreme Court of North Carolina.

January 14, 1960.

Mashburn & Huff, by Joseph B. Huff, Marshall, for defendants, appellants.

Bruce J. Brown, Asheville, for plaintiff, appellee.

HIGGINS, Justice.

The plaintiff contends the plea of res judicata shows on its face that it is not a defense to the matters and things alleged in his complaint for that it fails to aver that he was served with summons, participated in the action, appeared or authorized any attorney to appear for him, had knowledge of the…