Howard v. Kirton

The opinion of the Court was delivered by

Mr. Justice Brease.

The defendants in this action, J. M. Kirton and others, instituted suit, as plaintiffs, in the Court of Common Pleas for Williamsburg County, against the plaintiff in this action, D. C. Howard and others, for the recovery of a tract of land. On appeal to this Court, the judgment was in favor of the plaintiffs in that action, the defendants here. See Kirton v. Howard, 137 S. C, 11; 134 S. E., 859.

On the day the judgment in the former case was entered up, the appellant, as plaintiff, filed in the office of the Clerk of Court for…