Galbreath v. Farrell

WILLSON, O. J.

(after stating the facts as above). The judgment now complained of is not erroneous if the judgment in the former suit operated to bar the recovery sought by appellants in this one. It did so operate if appellants’ “cause of action” in that suit was the same as their “cause of action” in this one, for it is settled law (34 C. J. 743, 750, and authorities there cited) that:

“The judgment or decree of a court of competent jurisdiction upon the merits concludes the parties and privies to the litigation and constitutes a bar to a new action or suit involving the same cause of action.”