Thoman v. Ashley

The petitioners, defendants below, seek review by certiorari of an order striking their fourth defense to plaintiffs’ complaint in a negligence action. By said defense the defendants pl&aded res judicata in that on 8 October 1962, in a previous case involving the same parties and issues, “the case was called for trial and the plaintiffs moved for a continuance, which continuance was denied, and thereupon announced to the court that the plaintiffs would ‘take a non-suit,’ and thereupon the trial of the case was discontinued; that * * * the *334failure of the plaintiffs to proceed with the trial of…