Moorer v. Merrill

Felton, Chief Judge.

The contention that the defendant should have prevailed in this cause because the obligations and bases for causes of action in the plaintiff were merged in the judgment obtained by the plaintiff in an action therefor is without merit. The doctrine applies in some cases insofar as enforcement of process to collect the debt is concerned. “The doctrine of merger will not, however, be carried any further than the ends of justice require. The judgment does not annihilate the debt, destroy the character as evidence, or change the essential nature and real foundation of the…