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BEAM v. ALMOND

No. 194.

157 S.E.2d 215 (1967)

271 N.C. 509

Addie S. BEAM v. Edmond D. ALMOND and wife, Bertha J. Almond, Cleveland Savings and Loan Association, a corporation, and Lloyd C. Bost, Administrator of the Estate of Bayard Thurman Falls, Sr., Trustee, Deceased.

Supreme Court of North Carolina.

October 11, 1967.

Attorney(s) appearing for the Case

Joseph M. Wright and Reuben L. Elam, Shelby, for plaintiff appellant.

Falls, Hamrick & Hobbs, by L. L. Hobbs, Shelby, for defendant appellees.

PARKER, Chief Justice

Judge Falls erred in allowing the motion to dismiss the present action and taxing the costs against the plaintiff.

In Hayes v. Ricard, 251 N.C. 485, 112 S.E.2d 123, it is said:

"The general rule is well settled that the doctrine of res judicata, whereby a judgment bars a subsequent action on the same cause of action, and renders the judgment conclusive...

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