Libin v. Huffine

MR. CHIEF JUSTICE ADAIR:

This cause is before this court at this time on a motion to dismiss the appeal for the reason that an appeal heretofore taken by the same parties from the same judgment was dismissed by order of this court at the June 1950 term and that such order is now res judicata herein.

Plaintiffs brought this suit against defendants in the district court of Fergus county, which court on February 21, 1950, sustained defendants’ demurrer to plaintiffs’ amended complaint and on March 8, 1950, caused to be entered its judgment of dismissal. From such order and judgment plaintiffs…