Baughman v. Overton

Kirby, J.,

(after stating the facts). There is no merit in appellant’s contention that the court erred in not sustaining his plea of res judicata, the suit for injunction against appellant to prevent his interfering with the gathering of the crop by appellee, although testimony therein was heard, was dismissed “without prejudice.” The court had the power to make such disposition of the case and order therein, and, having done so, the judgment was not res judicata. Gosnell Special School District v. Baggett, 172 Ark. 681, 290 S. W. 577; Carpenter v. Dressler, 76 Ark. 400, 89 S. W. 89; Moss Tie…