Peerless Laundry Co. v. Abraham

Grice, Justice.

The headnotes express the opinion of the majority of the court; and although prepared by the writer, he and Chief Justice Reid dissent from the conclusion there reached. The material facts are these: To the plaintiff’s action the defendant filed a plea of res adjudicata. By consent this issue was tried first, and the jury returned a verdict in favor of the defendant on the plea. The plaintiff filed a motion for new trial, which after consideration, the judge overruled. In the judgment overruling the motion the judge ordered that the plaintiff’s case be dismissed. The plaintiff…