Can allegations of cruelty in a new action be set up in the same circumstances?
Saskatchewan, Canada
The following excerpt is from Hopkinson v. Hopkinson, 1931 CanLII 230 (SK QB):
I am of the opinion that all of the allegations of cruelty alleged in the former action are res judicata and cannot be set up again in a new action. I am further of the opinion that allegations of cruelty said to have occurred before the former action, but not referred to in the former action, cannot now be set up: Macdougall v. Knight (1890) 25 Q.B.D. 1, 59 L.J.Q.B. 517.
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