Gibbs v. Carolina Power & Light Company

Defendant’s assignments of error may be discussed under two general questions.

First. Did the court below err in sustaining insurer’s demurrer to defendant’s cross-action, in dismissing the cross-action as to insurer, and in ordering the name of insurer and all references thereto stricken from the pleadings? Defendant insists that the question should be answered in the affirmative, and presents several propositions in support of its contention.(a). Defendant says that a prior order in the cause overruled the demurrer and denied the motions of insurer, the prior order is res judicata and the…