ERVIN, Justice.
The trial judge based his judgment on the doctrine of res judicata, which may be epitomized for the purpose of this particular appeal in these words:
Where a second action or proceeding is between the same parties as a first action or proceeding, the judgment in the former action or proceeding is conclusive in the latter not only as to all matters actually litigated and determined, but also as to all matters which could properly have been litigated...
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