Fincher v. Davis

The only assignment of error in the bill of exceptions is upon the judgment sustaining the defendant’s plea of res adjudicata. The bill of exceptions recites that the plea was heard and determined by the trial judge, without the intervention of a jury; and the judgment excepted to is as follows: “This cause having come up for hearing on the plea of res adjudicata as amended, and the same having been submitted to the court without the intervention of a jur}1, and evidence having been submitted in support thereof, and the facts as alleged in said plea as amended appearing to be true, the said…