Morris v. Perkins

In Lumber Co. v. Hunt, 251 N.C. 624, 112 S.E. 2d 132, in an opinion by Parker, J. (now C.J.), it is said:

“When a former judgment is set up as a bar or estoppel, the question is whether the former adjudication was on the merits of the action, and whether there is such an identity of the parties and of the subject matter in the two actions, and whether the merits of the second action are identically the same, as will support a plea of res judicata. Hayes v. Ricard, 251 N.C. 485, 112 S.E. 2d 123; McIntosh, N.C. Practice & Procedure, 2d Ed., Sec. 1236(7).”

In Shaw v. Eaves, 262 N.C. 656, 138 S.E.…