Kessler v. Townsley

The writ of error brings for review a judgment on demurrer sustained to amended declaration in five counts.

Counts 1 and 2 showed on the face thereof that they were based on an alleged-cause of action which had been pleaded by the plaintiff against the identical defendants in a former suit between the same parties as plaintiff and defendants, respectively. That the issues presented had been determined in the former suit against the plaintiff; that the judgment against the plaintiff in the former suit had become absolute and that the issues sought to be presented by these counts of the…