W. S. Boyd Sales Co. v. Seymour, 452
| Decision Date | 22 November 1961 |
| Docket Number | No. 452,452 |
| Citation | 122 S.E.2d 605,255 N.C. 714 |
| Parties | W. S. BOYD SALES COMPANY, Inc. v. Marvin Wilson SEYMOUR. |
| Court | North Carolina Supreme Court |
Bailey & Dixon, Raleigh, for plaintiff appellant.
J. W. Jennette, Elizabeth City, for defendant appellee.
It will be noted that the complaint in the action in the Currituck County case is set out in the record on this appeal. Comparing it with the complaint in the action brought in the Superior Court of Wake County, it is seen that the two actions pertain to the same subject matter, as found by Judge Mintz. The parties named in the action in Wake County and those named in Currituck County are identical, and constitute actions between the same parties for the same cause. Both are in courts of like jurisdiction. Hence, this action in Wake County, having been brought subsequent to the action in Currituck County, abates. G.S. § 1-127. See also McDowell v. Blythe Bros., Co., 236 N.C. 396, 72 S.E.2d 860.
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...court of competent jurisdiction abates a subsequent action in another court of the state having like jurisdiction. Sales Co. v. Seymour, 255 N.C. 714, 122 S.E.2d 605 (1961); Pittman v. Pittman, 248 N.C. 738, 104 S.E.2d 880 (1958); McDowell v. Blythe Brothers Co., 236 N.C. 396, 72 S.E.2d 860......
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