Fletcher v. Kellogg

The opinion of the court was delivered by

Johnston, C. J.;

The question to be considered in this action relates to the application of the rule of res adjudícala to the facts set ■ forth in plaintiff’s petition. Edmond C. Fletcher brought an action against Percy L. Kellogg, as executor of the estate of Sherman Kellogg, deceased, to recover $31,103.70 for legal services rendered to Sherman Kellogg in his lifetime and for certain expenses incurred in connection with those services. He filed a petition in the probate court of Johnson county setting up his claims and asking for an allowance, but…