Johnson v. Carolina Life Insurance

The Opinion of the Court was delivered by

Mr. Associate Justice Stukes:

I am sorry that I do not agree with the conclusion reached by Mr. Acting Associate Justice Stoll in this appeal. The result of it is that the respondents are given two bites at the cherry when I think that in contemplation of law they are entitled to but one.

I so think for two reasons. In the first place I think that the defense of res adjudicata, relied upon by appellant, is 'effective. Long the leading case upon the subject is Johnston-Crews Co. v. Polk, 118 S. C., 470, 111 S. E., 15, 21, in which the exhaustive opinion…