Seaboard Air Line Railway Co. v. Sarman

In this case the defendant filed a plea of res adjudicata, which was submitted to the trial judge for determination without the intervention of a jury, upon an agreed statement of facts. The judge, upon a consideration of the pleadings and the agreed facts, ordered “that said plea be not sustained and that judgment be and it is hereby rendered in favor of the plaintiff upon said plea.” The defendant has ’brought the case to this court, assigning error upon this judgment. There were no other proceedings in the court below.

Although there has been no motion to dismiss the bill of exceptions,…