OSSERMAN v. JACOBS


369 Mass. 200 (1975)

339 N.E.2d 193

GEORGE OSSERMAN & others vs. HERMAN JACOBS & another (and four companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

December 12, 1975.


Attorney(s) appearing for the Case

Michael R. Coppock for the plaintiffs.

Eric Lund for the defendants.

Present: QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.


KAPLAN, J.

In what circumstances does a judgment for the defendant upon the sustaining of a demurrer to a declaration preclude a second action on the same cause of action? As urged by the plaintiffs-appellants, we deal with this problem of res judicata apart from the possible influence upon it of the new Massachusetts Rules of Civil Procedure effective on July 1, 1974: here the earlier action was concluded before that date...

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