Sparks & Hutson v. Fort

(After stating the foregoing facts.) 1. In our opinion the plea in bar setting up the defense of res judicata is without merit, and should have been stricken on demurrer. “ An adjudication of the same subject-matter in issue in a former suit between the same parties, by a court of competent jurisdiction, should be an end of litigation.” Civil Code (1910), § 4335. “If' upon demurrer the court has decided upon the merits of the cause, the judgment may be pleaded in bar of another suit for the same cause.” § 4338. A judgment dismissing a petition on special demurrer cannot, however, operate as…