Carey v. Funk

Plaintiffs, Hattie Gabl and Charles J. Bussell, appeal from a decretal order entered by Judge Miner on June 15,1943, striking the third amended complaint from the files “on the ground that the matters and things therein set forth, and the issues tendered thereby, aré res judicata, as to both plaintiffs,” and ordering that the cause be dismissed and judgment entered in favor of defendants and against plaintiffs for costs. In the original complaint John P. Carey, Administrator of the Estate of Prank Gabl, Deceased, and Hattie Gabl were, the sole plaintiffs, and Anna Funk, Charles. J. Bussell,…