Ferguson v. Miller

5 Ohio 459

Opinion

By the Court :

The position is undoubtedly correct that a decree upon the merits binds all parties to it. But the defense should be made by plea. The demurrer admits the truth of the statements in the bill, in which it is alleged that the former suit was dismissed without any investigation of the ultimate ^liability of the sureties. If the defense be good in this case, it must be presented in another manner.

Demurrer overruled, and the suit is directed to stand for answer.