Leary v. Virginia-Carolina Joint Stock Land Bank

'WiNBOBNE, J.

Admitting tbe truth of tbe facts alleged and contained in tbe amendment to tbe answer of defendants, as we must do in testing a demurrer, this question arises: Is tbe judgment in tbe Newbern case res judicata of tbe matters alleged in tbe complaint, in and a bar against tbe plaintiffs’ prosecution of this action? We are of opinion and bold tbat tbe question is properly answered in tbe affirmative.

“As to matter set up as defense tbe usual ground of demurrer is its insufficiency, and this may be taken by a formal demurrer or demurrer ore tenus." McIntosh, North Carolina Prac. &…