Southern Distributing Co. v. Carraway

Stacy, C. J.,

after stating the case: Without considering all the grounds upon which the judgment is based, as it is unnecessary to do so, we think the defendants’ plea of res judicata, or estoppel, is valid. A claim made or position taken in a former action or judicial proceeding estops the party making such claim to take a conflicting position or to make an inconsistent claim in a subsequent action or judicial proceeding to the prejudice of his adversary, where the parties are the same and the same questions are involved. 16 Cyc., 799. Defining estoppel by judgment, Pearson, J., in Armfield…