Usrey Ex Rel. Usrey v. Lewis

OPINION

TODD, Judge.

In these consolidated cases, James Lester Usrey, a minor by next friend, and T. H. Usrey and wife, Mary Usrey, sued J. W. Lewis and others for personal injuries sustained in an automobile collision. Their suits were dismissed by the Trial Judge upon a “Motion to Dismiss on Plea of Res Adjudicata,” and plaintiffs have appealed.

Upon a former appeal to the Supreme Court from a similar ruling, the Supreme Court in its opinion stated:

“With the record in this state, there is no way this Court can pass upon the sufficiency of the plea of res adjudicata. In the first place, the…