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REID v. HOLDEN

No. 677.

88 S.E.2d 125 (1955)

242 N.C. 408

G. T. REID v. H. T. HOLDEN, t/a Holden Recapping Company, Carl L. Tucker and R. W. Isley.

Supreme Court of North Carolina.

June 30, 1955.

Attorney(s) appearing for the Case

Gavin, Jackson & Gavin, Sanford, for plaintiff, appellant.

Hines & Boren, Jordan & Wright and Perry C. Hanson, Greensboro, for defendants Holden and Tucker, appellees.

Harry R. Stanley, Greensboro, for defendant Isley, appellee.

BOBBITT, Justice.

As stated by Seawell, J., in Sanderson v. Aetna Life Ins. Co., 218 N.C. 270, 10 S.E.2d 802, 803: "Res judicata is an affirmative plea in bar which must be taken by answer and supported by competent evidence. When properly raised, the issue will be determined according to the practice of the Court, but the defense is not available on a motion to dismiss. Williams v. Hutton & Bourbonnais Co., 164 N.C. 216, 80 S.E. 257; Redmond v. Coffin...

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