This section contains the nature of the case and procedural background.

Nichols (D), sued Felger (P) for $345 in unpaid legal fees. At trial, P defended on the ground that the legal services were inadequately performed and, therefore, the fee was unreasonable. The court entered judgment for D in the amount of $345. P appealed to the Circuit Court. P then filed a legal malpractice suit against D, alleging that he had given him 'false and untrue' legal advice. On 19 March 1975, P made a motion to consolidate the appeal from the District Court with the malpractice suit in the Circuit Court. The court denied the motion. P dismissed his appeal from the District Court, and that Court's judgment became final. D then moved for a summary judgment, arguing res judicata. It was granted, and P appealed.

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