Whitsey v. Williamson County Bank

OPINION

TODD, Presiding Judge, Middle Section.

The plaintiffs have appealed from a summary judgment dismissing their suit against the defendant bank seeking damages for wrongful foreclosure of a trust deed.

Appellants state the issues on appeal as follows:

I. The Doctorine (sic) of Res Judicata is not a bar to the Appellants bringing a second action where the first action was dismissed without a trial on merits.

A. In order for a judgment to be effective as Res Judicata it must appear that the res affected by the two suits is identiaeal and that the actions were for an identical object and purpose.