McKinney v. Stoneham

Appellants bave filed in tbis court their brief in tbis cause in tbe form of a written memorandum, in which they in effect recite that the only question the appeal involves is whether or not the same parties to the same cause of action may bring a second suit thereon in the same court, where the court sustains a general demurrer to their first suit and they decline either to amend their pleadings or to appeal from the judgment dismissing the cause; they assert that such dismissal of the former suit is not a bar to another action upon the same cause, saying in that connection: “The dismission…