Harris v. Harris

Deen, Chief Judge.

Jack Harris brought this action against his divorced wife Joann M. Harris for a debt of $1,674.65 plus interest, alleging that he had advanced this sum while the parties were married as funeral expenses for defendant’s mother in consideration of her promise to repay the amount and that she refused to do so. The defendant pleaded res judicata, contending that Jack Harris had a duty to file any claims he had against his wife in the divorce action, that he failed to do so and that the present action comes too late. The trial court sustained the plea and plaintiff appeals.

The…