Peter P. Demarest, Appellant v. Martha Darg, Respondent

Summary

The Court of Appeals affirmed the lower court's judgment, holding that the minutes of testimony taken before the referee were admissible and that the prior proceedings constituted res adjudicata, barring the plaintiff's claim. The decision rests on the principle that a judgment of a competent court on a litigated point is conclusive in subsequent controversies. A concurrence agreed with the result, emphasizing the res adjudicata defense as a perfect answer to the action.