Jenkins v. Jenkins

The only question presented by the appeal is the correctness of the ruling below that plaintiff was not estopped to maintain her action on the contract between herself and the defendant set out in the complaint. The question of the validity of the contract is not presented, and it seems to have been conceded by the defendant that under the decisions of this Court in Archbell v. Archbell, 158 N.C. 408, 74 S.E., 327, and Lentz v. Lentz, 193 N.C. 742, 138 S.E., 12, the binding effect of the contract between the parties, if otherwise valid, is not affected by the subsequent divorce decree. The single assignment of error brought forward poses the question whether the plaintiffs answer in the divorce action and the judgment thereon render the subject of her present action res judicata.