Alabama & Vicksburg Railway Co. v. McCerren

Citations

• 75 Miss. 687

Syllabus

<p>1. Res Adjudicata. Judgment on demurrer to declaration.</p> <p>A final judgment for defendant rendered on sustaining a demurrer to a declaration because of plaintiff’s failure to aver a fact essential to bis cause of action, will not bar a subsequent suit between the same parties for the same cause.</p> <p>2. Same. Appeal. Affirmance.</p> <p>The affirmance, on appeal, by the supreme court of a judgment of a circuit court does not render the judgment more effective in bar of another suit than it was before the appeal.</p>