Abbott v. Bean Et Al‪.‬

FIELD, Justice. This is a suit in equity. To the bill of complaint as amended, the defendants pleaded in bar a prior adjudication of the issues raised thereby in a suit between the same parties on the same cause of action in which these issues were raised or might have been raised and, without waiving such plea, demurred to the amended bill. The case was heard on the plea and the demurrer. The record of the suit in equity of Abbott v. Bean, reported in 285 Mass. 474, 189 N.E. 435, was introduced in evidence in support of the plea. No other evidence was introduced. The Judge found and ruled that the cause of action in said earlier case is not the same cause of action which the plaintiff seeks to litigate in the present case and that the issues and cause of action set forth in the present bill have not become res judicata because of the decision in the earlier case, and ordered the plea overruled. The Judge also ordered the demurrer overruled. He made a report in these terms: Being of the opinion that my orders and the interlocutory decrees entered in conformity therewith so affect the merits of the controversy that the matter ought, before further proceedings, to be determined by the Supreme Judicial Court, I report the question for that purpose upon the amended bill of complaint, the defendants demurrer and plea thereto, and my orders and decrees thereon. The record of the suit of Abbott v. Bean, above referred to, is incorporated in the report by reference.