Bradshaw v. Citizens National Bank
Supreme Court of North Carolina
Civil actxoN beard, on motion to dismiss, by 8haw, J., at April Term, 1916, of Mitchell. Tbe following facts were found by tbe judge-: “Prior to 1 January, 1915, a suit between tbe same parties, plaintiffs and defendants, as those in tbis ease was instituted in tbe Superior Court of Yancey County, and was not brought in forma, pauperis, but tbe plaintiffs gave bond in that suit for tbe costs.
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Civil actxoN beard, on motion to dismiss, by 8haw, J., at April Term, 1916, of Mitchell. Tbe following facts were found by tbe judge-: “Prior to 1 January, 1915, a suit between tbe same parties, plaintiffs and defendants, as those in tbis ease was instituted in tbe Superior Court of Yancey County, and was not brought in forma, pauperis, but tbe plaintiffs gave bond in that suit for tbe costs. Tbe action in tbe Superior Court of Yancey County and tbis action were both brought for tbe identical relief by plaintiffs against defendants; that prior to 1 March, 1915, tbe plaintiffs in tbe suit in…
1ConcurrenceClark, C. J.
The following facts were found by the judge:
"Prior to 1 January, 1915, a suit between the same parties, plaintiffs and defendants, as those in this case was instituted in the Superior Court of Yancey County, and was not brought in forma pauperis, but the plaintiffs gave bond in that suit for the costs. The action in the Superior Court of Yancey County and this action were both brought for the identical relief by plaintiffs against defendants; that prior to 1 March, 1915, the plaintiffs in the suit in Yancey County took a voluntary nonsuit; that on 12 October, 1915, the plaintiffs in the suit…
2Cases cited21 opinions
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- State v. . WyldeSupreme Court of North Carolina · 1892
- Meekins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
- State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
- Jester v. . Steam Packet Co.Supreme Court of North Carolina · 1902
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3Cited by25 opinions
- North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Rankin v. . OatesSupreme Court of North Carolina · 1922
- Hampton v. . Spinning CompanySupreme Court of North Carolina · 1930
- Whitehurst v. VIRGINIA DARE TRANSPORTATION CO., INC.Court of Appeals of North Carolina · 1973
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