King v. Neese

EeviN, J".

Tbe trial judge based bis judgment on tbe doctrine of res judicata, wbicb may be epitomized for tbe purpose of tbis particular appeal in these words:

Where a second action or proceeding is between tbe same parties as a first action or proceeding, tbe judgment in tbe former action or proceeding is conclusive in tbe latter not only as to all matters actually litigated and determined, but also as to all matters wbicb could properly have been litigated and determined in tbe former action or proceeding. Distributing Company v. Carraway, 196 N.C. 58, 144 S.E. 535; Moore v. Harkins, 179…