Equity Pleading and Practice, Amendment, Decree. Res Judicata.
In a suit in equity, while appeals by both the plaintiff and the defendant from a decree made by a single justice of this court, ordering the defendant to pay to the plaintiff a certain sum of money, were pending before the full court, the defendant applied to this court for leave to file a supplemental answer setting up a judgment of another court, rendered after the appeals were taken, as a bar to the plaintiff's claim. It was ordered, that the decree be vacated, and that the case be remitted for hearing before a single justice upon the question whether the defendant should be allowed to file the supplemental answer, and, in case such filing should be allowed, for further hearing after the filing of the supplemental answer upon the matters set up in that answer, and for reversal or such modification of the original decree, if any, as ought to be made by reason of these matters, or for reservation for determination by the full court of the questions arising upon the supplemental answer.