Mattice v. Wilcoxon

Appellee sued in the county court, his complaint stating two causes of action. Upon trial he was non-suited on the first, recovering judgment on the second. An appeal was by present appellants to the district court; there a retrial on both causes of action resulted in a judgment against appellants on the first cause of action and a judgment in- their favor on the second.

Appellants objected in the district court to a retrial of the first cause of action, contending that the judgment in the county court nonsuiting apjiellee on such cause of action was res adjuclicata.

This is the contention…