Spearman v. Jaudon

Quillian, Presiding Judge.

The instant companion appeals were brought from the sustaining of defendant’s motions for judgment on the pleadings. The motions were predicated on the fact that in a former action judgment had been rendered for the defendant and this was now res judicata as to the present suits. The former judgment was attached as an exhibit to each of the motions for judgment on the pleadings, but the record of the prior case was not introduced or made a part of the present record. Held:

Before a judgment in a former action will operate as res judicata it must appear that the former…