(DOWNLOAD) "Craver v. Spaugh" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Craver v. Spaugh
- Author : Supreme Court of New York
- Release Date : January 31, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
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., 451; Buchanan v. Oglesby, 207 N.C. 149, 176 S.E., 281; Batson v. Laundry, supra; Hampton v. Spinning Co., supra.