Yost v. Matthews

Rose, Judge:

This case was brought up by a writ of error granted upon the petition of Ernest L. Yost to a judgment of the Circuit Court of Marion County against him in an action in which he was plaintiff and J. E. Matthews was defendant, and which was in said court on an appeal from a justice and was tried upon a plea of res judicata.

Upon application for this writ of error the following assignments of error were made: (1) that the trial court erred in refusing to consolidate the instant case with another brought by Matthews against Yost, said to involve the same controversy, in which the…