BARRINGER v. WEATHINGTON

No. 6912SC25.

171 S.E.2d 233 (1969)

7 N.C. App. 126

John A. BARRINGER v. L. H. WEATHINGTON and Billie Weathington.

Court of Appeals of North Carolina.

Certiorari Denied February 3, 1970.


Attorney(s) appearing for the Case

Williford, Person & Canady by N. H. Person, Fayetteville, for defendant appellants.

Chambliss & Paderick by Clifton W. Paderick, Clinton, for plaintiff appellee.


FRANK M. PARKER, Judge.

The sole question presented is whether the court erred in refusing to sustain defendants' plea of res judicata.

The plea of res judicata must be founded upon an adjudication on the merits and may be maintained only where there is identity of parties, subject matter, and issues. 5 Strong, N.C.Index 2d, Judgments, § 35, p. 63. Here, identity of parties and subject matter has been stipulated and the validity of plaintiff...

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