Carter v. Carter

For the purposes of this decision we will concede, but not decide, that the court was correct in overruling the motion to strike the plea of res judicata. We do this for the reason that after a careful consideration and examination of the record we find that there is not sufficient evidence on behalf of the defendant, either oral or documentary, to sustain the plea of res judicata. We are not unmindful of the fact that the issuance of the execution itself carries with it the presumption that the execution attached to the plea is based on the principle that the officers concerned in the…