Mabson v. Christ

On Petition for Rehearing.

Brown, J.

—This ease was brought before us on writ of error to a judgment of the Circuit Court of Polk County. The errors assigned were that the court erred in sustaining the demurrer of the plaintiff to the defendant’s pleas, which were pleas of res judicata, and in rendering final judgment against the defendant. The judgment of the court below was affirmed by this court in a memorandum decision handed down on April 20, 1931. See 134 So. 43. Petition for rehearing was filed.

This was an action upon promissory notes for a deficiency after foreclosure suit. The pleas of…