Allen v. McDowell

The pivotal question here is this: Where at the time of the commencement of an action in Superior Court, there is another action pending in same court between same parties for the same cause, and defendant files answer therein, pleading in abatement thereof the pendency of the former action, and, before hearing on the plea, plaintiff takes voluntary nonsuit in the former action, may the plea be overruled ?

Defendant cites, and relies upon the case of Curtis v. Piedmont Co., 109 N.C. 401, 13 S.E. 944, in support of his contention that the court should have sustained the plea and dismissed the…