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MORRIS v. PERKINS

No. 6929SC503.

170 S.E.2d 642 (1969)

6 N.C. App. 562

Steve MORRIS v. A. E. PERKINS and wife, Gypsy K. Perkins.

Court of Appeals of North Carolina.

Certiorari Denied February 3, 1970.

Attorney(s) appearing for the Case

Cecil C. Jackson, Jr., Asheville, for plaintiff appellant.

Monroe M. Redden, Redden, Redden & Redden, Hendersonville, for defendant appellees.

BRITT, Judge.

In Troy Lumber Co. v. Hunt, 251 N.C. 624, 112 S.E.2d 132, 81 A.L.R.2d 1317, in an opinion by Parker, J. (now C. J.), it is said:

"When a former judgment is set up as a bar or estoppel, the question is whether the former adjudication was on the merits of the action, and whether there is such an identity of the parties and of the subject matter in the two actions, and whether...

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