Rodgers v. First Mutual Building & Loan Ass'n

1. In a suit for injunction the presiding judge, at an interlocutory hearing after the submission of evidence on a plea of res adjudicata, sustained the plea and dismissed the suit, and the plaintiff excepted. Regardless of the merits of the plea of res adjudicata and whatever might be the right of the judge to direct a verdict either for or against the plea after the introduction of evidence on final trial, he had no authority to sustain the plea and dismiss the action without the verdict of a jury, and before the term at which the case could be tried on its merits. Cottingham v. Cottingham,…