Kelly v. Kelly

Tbis appeal presents a number of questions for determination. However, the two which are of primary importance are these: (1) Is the ruling of the court below, in respect to the plea of res judicata, erroneous? (2) If so, did the plaintiff introduce sufficient evidence to take the case to the jury? We think the first question must be answered in the affirmative, and the second in the negative.

The general rule with respect to res judicata is that where a former judgment has been entered on the merits of the controversy and the new action is based upon substantially the same allegations, and…