Wilson v. Hoyle

It was appropriate for Judge Gambill, in the exercise of his discretion, to determine the plea of res judicata, a plea in bar, prior to trial on the merits of plaintiffs’ alleged cause of action. Jones v. Mathis, 254 N.C. 421, 425, 119 S.E. 2d 200, and cases cited.

In our view, the record does not support plaintiffs’ contention that Judge Gambill entered judgment on the pleadings. The stipulations referred to in the judgment established the identity of parties and of subject matter in the two actions. The judgment refers to and quotes from Judge Crissman’s judgment in the prior action. It…