Lindauer Mercantile Co. v. Boyd
New Mexico Supreme Court
Appeal from the district court of Grant county, before Frank W. Parker, Associate Justice. The matter'involved in this suit is res judicata. The evidence to support both actions was the same; that being so1 the cause of action must be the same, notwithstanding the actions are grounded on different writs. Marsh v. Pier, 26 Am. Dec. 138. It is an established rule of law that when a fact has once been decided it shall not again be disputed between the same parties.
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Appeal from the district court of Grant county, before Frank W. Parker, Associate Justice. The matter'involved in this suit is res judicata. The evidence to support both actions was the same; that being so1 the cause of action must be the same, notwithstanding the actions are grounded on different writs. Marsh v. Pier, 26 Am. Dec. 138. It is an established rule of law that when a fact has once been decided it shall not again be disputed between the same parties. Betts v. Star, 13 Am. Dec. 98, citing Phillips on Evidence, 224; Swift on Evidence, 10; Peake on Evidence, 34. And such decision may…
1Opinion of the Court
OPINION OP THE COURT.
BAKER, J.
There are two propositions presented in this case: First, is the action in the Oonrt of Letters res judicata? and, second, was the canse of action barred by the statute of limitations?
1 . To make a matter res judicata there mnst be a concurrence of the four conditions following, viz.: First, identity of the subject-matter; second, identity of cause of action; third, identity of persons and parties; and, fourth, identity in the quality of the persons for or against whom claim is made. 21 Am. & Eng. Ency. Law (1 Ed.), 227. This seems to he so elementary that it-…
2Cases cited5 opinions
- Embrey v. JemisonSupreme Court of the United States · 1889
- Huff v. CrawfordTexas Supreme Court · 1895
- Zoll v. CarnahanSupreme Court of Missouri · 1884
- Orr v. WilmarthSupreme Court of Missouri · 1888
- Walsh v. SchillingWest Virginia Supreme Court · 1889
3Cited by18 opinions
- In Re Goldsworthy's EstateNew Mexico Supreme Court · 1941
- Buhler v. MarrujoNew Mexico Court of Appeals · 1974
- Adams v. CoxNew Mexico Supreme Court · 1951
- Perry v. StaverNew Mexico Court of Appeals · 1970
- Brister v. BristerNew Mexico Supreme Court · 1979
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