Barnett v. Wolfolk

Calhoun, Judge:

This case is before the Court on an appeal by the plaintiff from a final judgment rendered by the Circuit Court of Cabell County in a civil action involving an insurance sub-rogation claim in the amount of $4,498.19. By an order entered on April 27, 1964, the trial court sustained a plea of res judicata and rendered judgment for the defendants.

The primary question presented for decision on this appeal involves the sufficiency of the plea of res judicata. This calls for a statement of the factual background which furnished the basis for the trial court’s final judgment.

The…