Tilton v. Horton

The only question passed upon in our former decision (rendered November 13, 1931) in this cause was whether or not the trial court committed error in overruling a demurrer of plaintiff to defendant's plea of res judicata.

In the first part of the opinion we stated that "if the trial court committed reversible error in his judgment on the demurrer that it would be unnecessary to consider the cross-assignments filed by defendant in error" or as to "whether or not a cross-writ of error by a defendant lies to a final judgment at law in his favor." It will be noted that the motion for rehearing in…