Efthemes v. Crouch

Riley, Judge:

In this action of trespass on the case in assumpsit based upon the common counts, instituted by George Efthemes against E. M. Crouch in the Circuit Court of Raleigh County, the circuit court sustained plaintiff’s demurrer to “Defendant’s Plea No. 1”; overruled the separate demurrers to the “Amended and Supplemental Plea of E. M. Crouch”, and to “Defendant’s Plea of Res Judicata”, and, over defendant’s objection, filed plaintiff’s general replication to defendant’s amended and supplemental plea and the plea of res judicata, and certified its action to this Court. In overruling the…