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McDEVITT v. CHANDLER

No. 107.

86 S.E.2d 438 (1955)

241 N.C. 677

Cindy McDEVITT, Viana Ramsey, Robbie Norton, Cora Gosnell, Rolla Bullman, Jay Chandler, Joe Chandler, Inez Chandler, Mabel Chandler, Sadie Chandler, Cora Lee Cutshall, Oma B. Hilliard, Patterson Bullman, Harley Bullman, Robbie Bullman, Berlie B. Cutshall, Faye B. Thomas, William Chandler, Starling Chandler, Benjamin Chandler, Ruth C. Ray, Hubert Chandler, Marion Chandler, Rosa C. Bullman, Elmer Davis, Vian D. Dockery and Andrew Chandler, v. Dewey CHANDLER and Patterson Chandler.

Supreme Court of North Carolina.

March 23, 1955.

Attorney(s) appearing for the Case

A. E. Leake and Charles E. Mashburn, Marshall, for defendants-appellants.

Calvin R. Edney, Marshall, for plaintiffs-appellees.

JOHNSON, Justice.

The court below properly ruled that the judgment in the former proceeding is no bar to the instant action. The general rule is that a judgment rendered on any ground not involving the merits of the action may not be used as a basis for the operation of the doctrine of res judicata. Steele v. Beaty, 215 N.C. 680, 2 S.E.2d 854; 30 Am.Jur., Judgments, section 208; 50 C.J.S., Judgments, § 626. See also Gaither Corporation v. Skinner, N.C...

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