State Ex Rel. Connellsville By-Product Coal Co. v. Continental Coal Co.

I am unable to agree with the conclusion of the court, sustaining the special plea of res adjudicata. The opinion is largely devoted to the question of whether the plaintiff could have declared on both bonds in one action. A decision on this question one way or the other does not settle the issue of res adjudicata,, the sole matter under consideration. In Collins v. Treat, 108 W. Va. 443, 152 S. E. 205, res adjudicata is defined as follows: “The doctrine of res adjudicata is a very proper and important principle of law, though technical in nature. Its purpose is to put an end to litigation,…