Jordon v. McCabe

Ed. F. McFaddin, Justice.

Appellee sued appellant for $300 in the circuit court. Appéllant pleaded res judicata; and appeals to this court from a judgment adverse to that plea.

For convenience, we refer to the parties by name. On March 15, 1944, Jordon agreed to pay McCabe a balance of $300 in sixty days. The money was not paid, and on July 12, 1944, McCabe filed complaint in the justice of the peace court. Summons was served, returnable at 10:00 a. m. on July 24th. On the return day McCabe appeared at 10:00 a. m., and announced that he desired to dismiss the action, so that he could refile the…