Franklin v. Rainey

AKIN, Justice.

This is an appeal from a judgment sustaining defendants’ motion for summary judgment. Summary judgment was granted on the ground that the issues presented by this action were previously adjudicated in a suit brought in 1953 by Donna Rainey against Paul Franklin. Thus, the principal question presented is whether the judgment rendered in 1953 is res judicata or an estop-pel by judgment 1 as to the present controversy. We hold that it is neither and reverse and remand.

The material facts and issues in the two suits are as follows. In the prior action, Donna Rainey, plaintiff,…