Board of County Commissioners v. Cross

Citations

• 12 N.M. 72
• 73 P. 615

Syllabus

<p>SYLLABUS.</p> <p>Where in a former case a demurrer to a complaint was sustained, in the determination of which demurrer the material issues involved in the suit had to be passed upon, and appellant did not amend his complaint, when leave was given so to do, but allowed a judgment of dismissal to be entered, and appealed to this court, and this court sustained the judgment of dismissal entered by the trial court, it is a final adjudication of the rights of the parties and no new suit can be maintained on the same cause of action.</p>