Brown v. . Johnson

A perusal of tbe pleadings and of tbe evidence in tbe former ease and in tbe instant case leads us to tbe conclusion tbat identically tbe same issues arise upon tbe pleadings in tbe respective actions. Tbe parties are tbe same. Tbe allegations and evidence are substantially tbe same, tbe only variance being tbat in tbe instant case tbey are more elaborate and cumulative. Tbe variance is of degree ratber than of substance, there being no material facts tbat were provable under tbe instant pleadings tbat were not provable under tbe former, and no material facts supported by evidence in tbe…