A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered until the judgment is reversed or set aside. History. […]
A judgment in rem is conclusive upon everyone. History. Orig. Code 1863, § 3750; Code 1868, § 3774; Code 1873, § 3827; Code 1882, § 3827; Civil Code 1895, § 5372; Civil Code 1910, § 5967; Code 1933, § 110-502.
Where the merits were not and could not have been in question, a former recovery on purely technical grounds shall not be a bar to a subsequent action brought so as to avoid the objection fatal to the first. For a former judgment to be a bar to subsequent action, the merits of the case […]
Parol evidence shall be admissible to show that a matter apparently covered by a judgment was not really passed upon by the court. History. Orig. Code 1863, § 2839; Code 1868, § 2847; Code 1873, § 2898; Code 1882, § 2898; Civil Code 1895, § 3743; Civil Code 1910, § 4337; Code 1933, § 3-608.
