Garner v. Garner

The sole question presented is whether the court below erred in dismissing plaintiff’s cause of action on the ground of res judicata.

The doctrine of res judicata applies to divorce actions as well as other civil cases. Thurston v. Thurston, 99 Mass. 39; Miller v. Miller, 92 Va. 196; Dwyer v. Dwyer, 26 Mo. App. 647; Ford v. Ford (Okla.) 108 P. 366; Prall v. Prall, 50 S. 867 (Fla.); Lee: N. C. Family Law, Vol. 1, Sec. 51, p. 213—Joinder of Causes.

The appellant contends that the provision of G.S. 50-16 (as amended in 1955) granting the wife the remedy of independent action or cross-action where…