Hemperly v. George Sliman & Co.

It is claimed on application for a rehearing that the minutes of the trial court show that intervener and third opponent, R. F. Hemperly, took a nonsuit as to that part of his claim for damages, and therefore the plea of res adjudicata was improperly sustained in his second suit for damages against the above defendants. The issues in the present suit are stated in our opinion where we affirmed the judgment of the trial court sustaining a plea of res adjudicata to the claim for damages arising out of the alleged illegal seizure of' plaintiff’s property by the defendant company under a judgment…