Gilmer v. Gant

BROWN, Justice.

This is an action of debt upon a dormant judgment recovered in the Circuit Court of Jefferson County on November 6, 1924, by Mary Frances Hays, a minor, who sued by her next friend and father, J. PI. Hays, against W. C. McCarty.

It appears from the averment of the single count in the complaint that the plaintiff is the wife of Max V. Gilmer, and is the identical person named and designated as the minor plaintiff, May Frances Hays.

To this single count in the complaint the defendant filed Plea A, a plea of res judicata, the subject matter of which was a scire facias proceeding…