Craver v. . Spaugh

The judgment dismissing the former action entered at the February Term, 1946, is not, on this record, a bar to the maintenance of this action. G. S., 1-25. A former judgment of nonsuit is res judicata, as to a second action when and only when it is made to appear that the second action is between the same parties, on the same cause of action, and upon substantially the same evidence. Hampton v. Spinning Co., 198 N. C., 235, 151 S. E., 266; Batson v. Laundry, 206 N. C., 371, 174 S. E., 90. The plea cannot be determined from the pleadings alone. Dix-Downing v. White, 206 N. C., 567, 174 S. E.,…