Viator v. Stone

ON SUGGESTION OF ERROR.

Able counsel for appellees have filed a suggestion of error apparently upon the assumption that in our original opinion herein we held that the various prior proceedings pertaining to the subject matter of the present litigation do not and cannot constitute res adjudicata of the questions and issues involved in the case at bar. This is a misconception of the original holding, or, at least, what we intended to hold. We merely decided that the plea of res adjudicata, in the form and substance as filed and presented in this case, did not sufficiently present to the trial…