Zirkle v. Moore, Keppel & Co.

Lively, Judge:

Plaintiff sued in ejectment and defendant pleaded the general issue, and by special plea set up a former adjudication and filed disclaimer. The court permitted the plea of res judicata to be filed over plaintiff’s objection, and issue was joined thereon. That issue was submitted to the court by agreement. The court sustained the plea and dismissed the case, whereupon this writ followed.

Two questions arise: (1) Does section 30, chapter 90, Code 1923, (Code 1931, 55-4-10), permit a plea of res judicata in ejectment?; and (2) did the adjudication set up in tbe plea and record…