Pack v. McCoy

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 prior suit, or authorized anyone to consent to the judgment.

At this stage of the cause we are concerned with allegations only-— not with proof. For the purposes of the motion to strike, we must accept as true the allegations of the further defense. Trust Co. v. Currin, 244, N.C. 102, 92 S.E.…