Glasser v. Feller

The present motion introduces two points for consideration and decision. First, can the defense of res judicata be interposed by means of a motion to strike a bill of complaint which contains no reference whatever to the former litigation? Second, what is the force and range of effectiveness of a decree of dismissal in a former cause which was made and entered expressly "without prejudice?"

A motion to strike a bill of complaint pursuant to our modern practice is essentially the equivalent of the former demurrer which prayed judgment whether the defendant should be compelled to answer the…