65 N.E. 822 (1903)
The individual claimed that judgment was rendered in his favor upon a trial in a prior action between the same parties and for the same cause of action. The lower court denied the individual's motion to dismiss the action of the second individual and others.
- The appeals court affirmed.
- The court found that the only issue decided in the former action was whether the action was prematurely brought, and the former judgment was entered because the action was prematurely brought, and for that reason alone.
- Because the prior action was not tried upon the merits, it was not a bar to the second action.
The court affirmed the decision of the lower court that denied the individual's motion to dismiss the action filed by the second individual and others.
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