Bunker v. Bunker.
Supreme Court of North Carolina
ActioN by O. W. Bunker against Adelaide Bunker and another, beard by Judge O. H. Allen, upon the original papers, at the August Term, 1904, of the Superior Court of Subey.
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ActioN by O. W. Bunker against Adelaide Bunker and another, beard by Judge O. H. Allen, upon the original papers, at the August Term, 1904, of the Superior Court of Subey. BlaintifE, 0. W. Bunker, in beb'alf of himself and as administrator with the will annexed of his father, Chang Bunker, and as guardian of Hattie Bunker, another child, brought this action against the defendant, Adelaide Bunker, widow of Chang Bunker, for a construction of his will and an accounting in respect to certain rents and profits received from the lands devised to her and others in her husband’s will. Tier…
1Opinion of the Court
Walker, J.,
after stating the case: There were several important questions discussed in this case, but the only one we need consider is that which relates to the nature and legal effect of the judgment rendered at November Term, 1900, when Judge Timberlake presided. If it was a final judgment, the plaintiffs cannot be beard upon any matter which was litigated in the action and which was necessarily determined by it. In such a case, the matter in dispute having passed in rem judicatam, the former decision is conclusive between the parties, if either attempts, by commencing another action or…
2Cases cited5 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- United States v. LefflerSupreme Court of the United States · 1837
- Piedmont Wagon Co. v. ByrdSupreme Court of North Carolina · 1896
- McLaurin v. . McLaurinSupreme Court of North Carolina · 1890
- Flemming v. . RobertsSupreme Court of North Carolina · 1881
3Cited by19 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Hall v. . ArtisSupreme Court of North Carolina · 1923
- Russ v. WoodardSupreme Court of North Carolina · 1950
- Settle v. Settle.Supreme Court of North Carolina · 1906
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
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