English v. Rosenkrantz

This case comes to the Supreme Court on questions certified by the Court of Appeals. Several questions are certified; but the jurisdiction of the Court of Appeals and of this court depends upon the answer to the second question, which is as follows : “ Where a defendant filed a plea of res judicata, which was by agreement submitted to the trial judge for determination upon questions both of law and fact, the latter being undisputed, did a finding by the trial judge adverse to this plea of. res judicata affect the final result of the case, or would a judgment finding in favor of the plea,…