BOBBITT, Justice.
No appeal having been taken therefrom, the judgment entered by Judge Bone at January Term, 1960, became and is a final judgment upon the merits. A judgment has been defined as "the final consideration and determination by a court of the rights of the parties, as those rights presently exist, upon matters submitted to it in an action or proceeding." (Our italics) 30A Am.Jur., Judgments § 2. "A final judgment is the conclusion of the law...
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