Buie v. Waters

Almand, Justice.

A former recovery on grounds purely technical, and where the merits were not and could not have been in question, is not a bar to a subsequent action brought so as to avoid the objection fatal to the first. For the former judgment to be a bar, the merits of the case must have been adjudicated. Code, § 110-503. Where the court sustains a general demurrer on a ground that decides the merits of the case, the judgment can be pleaded in bar of another suit for the same cause of action. § 110-504. But where a general demurrer that does not go to the merits of the cause of action is…