McHenry v. Hubbard

The opinion of the court was delivered by

Thiele, J.:

The question in this appeal is the force and effect to be given G. S. 1935, 61-1303, which provides that judgments in forcible detainer actions shall not be a bar to any after action brought by either party. As a lease and pleadings in two actions are involved, hereafter we shall refer to the parties by their surnames.

McHenry commenced his action in the district court, docketed as No. 59,022, on October 2, 1941, and on October 13,1941, he filed an amended petition in which he alleged that on February 15, 1940, Hubbard, owner of certain real…