Myers v. Gordon

The single question raised for decision in this case is the validity of the defendant’s third plea to the declaration. This plea is a plea of estoppel o'r res ad judicata. To the plea a demurrer was interposed by the plaintiff and sustained by the court. By this action the lower court determined that the facts set out in the plea, the truth of which was admitted by the demurrer, were insufficient to create an estoppel, and during’ the course of the trial rejected all evidence substantiating or tending to prove the facts alleged in the defendant’s third plea. The result of the trial was a…