274 Mass. 174 | Mass. | 1931
The defendants filed a demurrer to the plaintiffs’ bill in equity, assigning numerous causes, in-
The effect of sustaining the demurrer without specification of the causes upon which that action rested was to leave in doubt the causes adjudged sufficient. In appropriate circumstances a decree entered upon sustaining a demurrer is as conclusive of the merits of the cause of action alleged in the bill as one entered after a decision founded on a hearing of the evidence. It may bar another suit under the doctrine of res judicata. Old Dominion Copper Mining & Smelting Co. v. Bigelow, 203 Mass. 159, 205. Keown v. Keown, 231 Mass. 404, 408. Capaccio v. Merrill, 222 Mass. 308.
When conditions warrant, it is permissible to show by oral evidence the precise ground on which a decree in a former suit rested, in order to determine whether it ought to have the effect of res judicata. Newburyport Institution for Savings v. Puffer, 201 Mass. 41, 49. In the case at bar it is stated in the brief for the plaintiffs that another suit has been instituted by them touching the same general cause of action. It may well be that a hearing will be required to determine the precise scope of the present decree. In such circumstances, it is better, in the absence of specification of the causes of demurrer sustained, that the decree should be entered without preju
Ordered accordingly.