Gunter v. Winders

Higgins,-J.,

The plaintiff assigns as error the order of the court sustaining Allen and Cottle’s plea in bar upon the ground the issues of. negligence and contributory negligence presently involved had been determined by the judgment of the Superior Court of Alamance County in a civil action by Dalrymple, Administrator v. Gunter, Allen and Cottle. At the outset this Court is confronted with the procedural question whether upon the pleadings, including the judgment roll in the Alamance action, enough appears to warrant the Court in passing upon the plea in bar (res judicata) or should decision…