COIT M Hit IJKCISIOX
WAS OF, M Kit ITS OK < ASK
"In the Case before the court, however, it is plain that the former decision of this court was upon the merits, and that the parties and the relief sought are identically the same as on the first application. The plea of res adjudicata is therefore a good plea, and the motion to strike it out may be overruled, and the plea may be filed. The case of Spe vs. Alley, 117 Virginia, p. 810, was a suit in equity and involved only the private rights of lot owners among themselves, and as against the seller. In regard to the opening of streets on a recorded plat with reference to which the lots had been sold. The proceeding here is for a mandamus against a municipal corporation. I doubt whether under the circumstances set out in the petition the city can act except by resolution of the City Council. But in any event the petition does not allege that the obstruction was created by the city. If the street is a public street and a nuisance has been committed by someone placing and keeping an obstruction in the street, the nuisance should be abated by proper proceeding against the person who created it.
"The plea of res adjudicata may be filed, and if it is demurred to, I will overrule the demurrer and dismiss the petition for mandamus."
NEW GARBAGE SYSTEM
Colin's Men Wait Mark Around the City
Three Men Killed.  Week. 