Swinson v. Lance Packing Co.

Stacy, C. J. Civil action for slander, tried originally at May Term, 1934, appeal by defendant, and new trial ordered 28 January, 1935, opinion reported in 207 N. C., 637, 178 S. E., 111. Thereafter, plaintiff asked to be. permitted to amend bis complaint (1) by bringing forward again tbe two causes of action originally non-suited; and (2) by adding two new causes of action originally regarded as secondary publications. See case as reported on first appeal. Tbe court denied tbe first part of tbe motion on tbe ground of res judi-cata (Revis v. Ramsey, 202 N. C., 815), and allowed tbe second part in bis discretion. Botb sides appeal. Tbe ruling on tbe first part of tbe motion is affirmed on wbat was said in Hampton v. Spinning Co., 198 N. C., 235, 151 S. E., 266, and tbat on tbe second part on authority of Grant v. Burgwyn, 88 N. C., 95. Defendant’s appeal seems precautionary, as tbe matter presently debated doubtless would have been rendered academic by subsequent plea and motion. Capps v. R. R., 183 N. C., 181, 111 S. E., 533; Gordon v. Fredle, 206 N. C., 734, 175 S. E., 126. On plaintiff’s appeal, affirmed. On defendant’s appeal, affirmed.