JORDAN v. STUART CREAMERY, INCORPORATED

No. 51727.

137 N.W.2d 259 (1965)

Lewis H. JORDAN, Trustee of the Estate of Merle J. Jensen, Bankrupt, Appellee, v. STUART CREAMERY, INCORPORATED, Arnold Madsen, John Snowgren, Hobart E. Newton and Howard Randolph, Appellants.

Supreme Court of Iowa.

September 21, 1965.


Attorney(s) appearing for the Case

Frank Thompson, of Batschelet & Thompson, Guthrie Center, and Clyde Putnam, Jr., of Putnam, Putnam & Putnam, Des Moines, for appellants.

Robert O. Frederick, of Webster, Frederick & Jordan, Winterset, for appellee.


STUART, Justice.

Defendants, with our permission, have appealed from the trial court's interlocutory order refusing to dismiss plaintiff's petition on their motion for an adjudication of law points. The specific question to be decided is whether it can be determined from the pleadings that plaintiff's cause of action has been previously adjudicated and therefore barred under the doctrine of res judicata.

This action is the third in which the ownership of 89...

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