A C Storage Co. v. Madison Moving & Wrecking Corp.

The sole issue presented on this appeal is whether or not the order of dismissal of the original action for failure to replead within thirty days constitutes a bar to the present action.

In O’Brien v. Hessman (1962), 16 Wis. 2d 455, 458, 459, 114 N. W. 2d 834, this court approached the problem presented in this case. A good portion of that decision follows:

“Generally, a prior adjudication is a bar to a subsequent action involving the same parties and the same cause of action. This is the doctrine of res judicata. See Will of Nunnemacher (1939), 230 Wis. 93, 283 N. W. 326, and Rahr v. Wittmann…