Peake v. Babson
Peake v. Babson
Opinion of the Court
It was entirely proper for Judge Peel to consider the defendant’s plea in bar prior to a trial on the merits. Wilson v. Hoyle, 263 N.C. 194, 139 S.E. 2d 206. Appellant concedes that the prior judgment constituted an adjudication on the merits and that the parties are identical. “A final judgment, which adjudicates upon the merits the issues raised by the pleadings, ‘estops the parties and their privies as to all issuable matters contained in the pleadings, including all material and relevant matters within the scope of the pleadings, which the parties, in
Affirmed.
Reference
- Full Case Name
- MYRA WISE PEAKE v. MARY W. BABSON
- Cited By
- 1 case
- Status
- Published