Craig v. Winston County

This is the second appeal of this cause, which is an action by the state auditor against Winston county to recover, for the use and benefit of the state accounting department, the .expense incurred in auditing the books of said county. On the first appeal there involved only the sufficiency of a special plea of res judicata and the replication thereto, and a more detailed statement of the averments of the plea and replication is necessary to make clear our views upon one point raised on the present appeal.

As the basis of its special plea of res judicata, the county merely alleged therein that…