Eubanks v. Electrical Wholesalers, Inc.

Quiluian, Judge.

The only question here involved is whether the plea of res judicata is sufficient when tested on general demurrer. In considering this question, we are confronted with the novel proposition propounded by the appellant that, since a general demurrer was sustained to his petition in a former suit seeking an accounting, the defendant in that suit by failing to file a cross action is now precluded by the doctrine of res judicata from proceeding with the present suit on account.

Code § 110-501 provides: “A judgment of a court of competent jurisdiction shall be conclusive between the…