Houghton v. Harris

The judgment signed by Frizzelle, J., is not void for want of jurisdiction. He acquired jurisdiction at term and signed the final judgment out of term and out of the county by consent of the parties. Edmundson v. Edmundson, 222 N.C. 181, 22 S.E. 2d 237; Killian v. Chair Co., 202 N.C. 23, 161 S.E. 546; Strickland v. Kornegay, 240 N.C. 758, 83 S.E. 2d 903.

The rule that a second action involving the same subject matter as one theretofore duly instituted will be dismissed whenever the existence of the former action is called to the attention of the court by answer or other proper plea is not…