Settle ex rel. Sullivan v. Beasley

WEBB, Judge.

We affirm the judgment of the District Court. When a final judgment has been rendered by a court which necessarily determines a fact, right or issue, that judgment is conclusive in a subsequent action involving the same fact, right or issue and either identical parties or persons in privity with parties to the earlier action. An estoppel by judgment must be mutual and where one party is not estopped, the adverse party cannot be estopped. See Tidwell v. Booker, 290 N.C. 98, 225 S.E. 2d 816 (1976); King v. Grindstaff, 284 N.C. 348, 200 S.E. 2d 799 (1973); Stephens v. Worley, 51 N.C.…