FORMER ADJUDICATION, § 47 — res judicata as not applicable when there is no identity of parties. In action for accounting, wherein defense raised was that doctrine of res judicata applied because issues in proceedings to discover assets in probate court were identical and were decided in favor of defendants, it appearing that there were additional parties defending, and same parties defending in different capacities, than in probate proceedings, held that there was no identity of parties and doctrine of res judicata was not applicable as bar to plaintiff's action.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE KILEY.
Not to be published in full. Opinion filed November 7, 1945; rehearing denied November 26, 1945; released for publication November 27, 1945.