McDevitt v. Chandler

The court below properly ruled that the judgment in the former proceeding is no bar to the instant action. The general rule is that a judgment rendered on any ground not involving the merits 'of the action may not be used as a basis for the operation of the doctrine of res judicata. Steele v. Beaty, 215 N.C. 680, 2 S.E. 2d 854; 30 Am. Jur., Judgments, section 208; 50 O.J.S., Judgments, section 626. See also Gaither Corporation v. Skinner, ante, 532. And the rule is well established that a judgment of compulsory nonsuit or dismissal not involving the merits of the case is not a bar to a…