Stewart v. Youmans

On September 10, 1935, Harry E. Youmans obtained a judgment on a note against Mrs. Nora Stewart. The common-law fi. fa. issued thereon was levied on certain property of the defendant in fi. fa. An affidavit of illegality was interposed. It affirmatively appears from the illegality itself that all the grounds therein alleged might have been interposed in the suit on the note. The Code, § 110-501, declares: “A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue, or which under the rules of law might have…