Painter v. Wake County Board of Education

MOORE, Justice.

We first consider whether the final judgment entered in Eggimann v. Board of Education, 22 N.C. App. 459, 206 S.E. 2d 754 (1974), bars plaintiffs as to issues regarding defendant’s selection of the Yancey farm site.

A judgment on the merits is conclusive not only as to matters actually litigated and determined but also as to all matters properly within the scope of the pleadings which could and should have been brought forward. In re Trucking Co., 285 N.C. 552, 206 S.E. 2d 172 (1974) ; Wilson v. Hoyle, 263 N.C. 194, 139 S.E. 2d 206 (1964) ; Hayes v. Ricard, 251 N.C. 485, 112…