Walker v. Story

The sole question presented on this appeal is whether the court erred in sustaining defendant’s plea of res judicata and in dismissing the action on that ground.

The complaint in plaintiff’s prior action against defendant contains substantially the same allegations set forth in the complaint in the present action; and, apart from the plea of res judicata, defendant’s allegations in the two actions are substantially the same.

At the trial of the prior action, the court, on defendant’s motion, entered judgment of involuntary nonsuit at the conclusion of plaintiff’s evidence. On plaintiff’s appeal…