Stapp v. Andrews

Mr. Justice. McKinney

delivered the opinion of the Court.

Stapp sued Andrews before a justice of the peace to recover $477 for the rent of a steam shovel, and was awarded a judgment for that sum. Upon appeal, the circuit judge, at the close of the testimony, permitted defendant, over objection of counsel, to interpose a plea of res adjudicata, which he sustained and dismissed the suit.

In the Court of Appeals the judgment of the trial court was affirmed. Each party filed a petition for writ .of certiorari in this court, which was granted, and the case has been argued by counsel.

Simultaneously…