Dick v. Gilmer

The judgment of the court was pronounced by

Slidem, J.

We are of opinion that the exception of litispendence was properly sustained. The former suit was between the same parties, for the same object, and growing out of the same cause of action. C. C. 335.

We are unable to perceive any force in the suggestion by counsel that, in the issues made in the former suit, the present plaintiffs occupied the position of intervenors. That position was voluntarily assumed by them ; Wolfe joined issue with them ; and a judgment in that suit would form res judicata upon the subjects presented now. There is a…