Everett v. Green

This is an appeal from an order and judgment of the district court of Pottawatomie bounty sustaining defendant’s objection to the introduction of any evidence on the ground that the petition failed to state facts sufficient to constitute a cause of action, and on the additional ground that the matters and things alleged in the petition were formerly and completely adjudicated between the parties in a former action. The parties appear here as they appeared in the trial court, and will be referred to as plaintiff and defendant.

The material facts are that the minor niece of plaintiff was injured…