Jordan v. Stuart Creamery, Incorporated

Defendants, with our permission, have ap pealed from the trial court’s interlocutory order refusing to dismiss plaintiff’s petition on their motion for an adjudication of law points. The specific question to be decided is whether it can be determined from the pleadings that plaintiff’s cause of action has been previously adjudicated and therefore barred under the doctrine of res judicata.

This action is the third in which the ownership of 89 shares of stock in Stuart Creamery, Inc., has been the primary issue. Equity No. 15701, filed March 29, 1960, was brought by plaintiff’s bankrupt. It was…