Smith v. Smith

JThis is an appeal from a judgment dismissing appellant’s cross-complaint after the trial court sustained respondents’ demurrer without leave to amend. The order sustaining the demurrer was made on the sole ground of res judicata.

In order to understand respondents’ plea of res judicata and the reason for the trial court’s judgment it is necessary to notice some of the prior proceedings in the estate of Clara I. Smith. During the administration of that estate respondents petitioned the court to determine heirship, and at the same time filed a complaint against appellant seeking declaratory…