Smoky Mountain Enterprises, Inc. v. Jesse Rose

MOORE, Justice.

Defendant contends that the court erred in denying defendant’s motion to dismiss plaintiff’s cause of action on the ground of res judicata.

There had been no jury trial in the prior action before Judge Martin. Hence, the plea was determinable on the facts disclosed, by the judgment roll in that case. No question was raised as to the authenticity of the judgment entered by Judge Martin. It is incorporated in the agreed case on appeal. Burbank did not objéct to the findings of fact made by Judge Martin and did not appeal from the judgment dismissing that action. See 1 Strong, N.…