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PEAKE v. BABSON

No. 718SC196.

181 S.E.2d 259 (1971)

11 N.C. App. 413

Myra Wise PEAKE v. Mary W. BABSON.

Court of Appeals of North Carolina.

May 26, 1971.

Attorney(s) appearing for the Case

Wallace, Langley & Barwick, by James D. Llewellyn, Kinston, for plaintiff appellant.

White, Allen, Hooten & Hines, by Thomas J. White, III, Kinston, for defendant appellee.

VAUGHN, Judge.

It was entirely proper for Judge Peel to consider the defendant's plea in bar prior to a trial on the merits. Wilson v. Hoyle, 263 N.C. 194, 139 S.E.2d 206. Appellant concedes that the prior judgment constituted an adjudication on the merits and that the parties are identical. "A final judgment, which adjudicates upon the merits the issues raised by the pleadings, `estops the parties...

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