Gamble v. Gamble

Atkinson, Justice.

(After stating the foregoing facts.) The first question for decision is whether the trial court erred in overruling a demurrer that was interposed by the petitioner to the amended answer, setting up a plea of res judicata. The grounds of demurrer were in substance: The facts set forth in the tendered amendment affirmatively show that the matter of defense as therein set forth, if existent, must have been set forth as a special plea, and such plea must have been filed at the first term of court to which the original petition was made returnable; the parties plaintiff and the…