Recent Important Decisions

Abatement and Revival – Pendency of Another Action Ground for Dismissal – Plaintiff brought an action in B county to recover damages as the result of a collision between his truck and defendants automobile. The defendant had previously brought an action in P county, where he resided, against the plaintiff, for damages arising out of the same collision, which action was pending when the latter was begun. Defendant filed a plea setting up the pendency of his own action in P county and moved to dismiss plaintiff’s action. Motion denied. Defendant appealed. Held, the action should have been dismissed. Allen v. Salley (N. C., ‘gig), iox S. E. 545.