Covington v. McIntire

Citations

• 111 Kan. 79
• 206 P. 319
• 1922 Kan. LEXIS 177

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Action for Damages — Answer Alleged Res Judicata — Plea oj Res Judicata Erroneously Stricken Out. A judgment was rendered on a petition in which the plaintiff alleged that it was a corporation. The defendant in the action subsequently commenced an action concerning the same subject matter of litigation against an individual, who in his answer pleaded the former judgment in bar in the latter action and alleged that he was the real party plaintiff in the former litigation, that he was the sole owner of the business represented by the name of the plaintiff in that litigation, and that he was doing business under the name and style of the plaintiff therein. Held, that it was error to sustain a motion to strike out of the answer all allegations concerning the judgment in the former action.</p>