Osserman v. Jacobs

In what circumstances does a judgment for the defendant upon the sustaining of a demurrer to a declaration preclude a second action on the same cause of action? As urged by the plaintiffs-appellants, we deal with this problem of res judicata apart from the possible influence upon it of the new Massachusetts Rules of Civil Procedure effective on July 1, 1974: here the earlier action was concluded before that date, though the later action — the one under present appeal — was commenced thereafter.

There are in fact five actions here on consolidated appeal but, by stipulation of the parties, one…