SMOKY MOUNTAIN ENTERPRISES, INCORPORATED v. ROSE

No. 80.

196 S.E.2d 189 (1973)

283 N.C. 373

SMOKY MOUNTAIN ENTERPRISES, INCORPORATED v. Jesse ROSE.

Supreme Court of North Carolina.

May 9, 1973.


Attorney(s) appearing for the Case

Clarence N. Gilbert, Asheville, for defendant appellant.

Hendon & Carson by George Ward Hendon, Asheville, for plaintiff appellee.


MOORE, Justice.

Defendant contends that the court erred in denying defendant's motion to dismiss plaintiff's cause of action on the ground of res judicata.

There had been no jury trial in the prior action before Judge Martin. Hence, the plea was determinable on the facts disclosed by the judgment roll in that case. No question was raised as to the authenticity of the judgment entered by Judge Martin. It is incorporated in the agreed case on appeal....

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