Sallee v. Bank of Corning
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baiter, Judge; It was error to sustain defendant’s plea of res judicata. To constitute res judicata it is essential that the .same issues between the same parties be determined. Neither the parties nor issues here were the same. A judgment in a garnishment suit is not conclusive except as against the plaintiff, and will not support a. plea of res judicata. 2 Black on Judg. (2 ed.), § 594; Drake on Att.
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Appeal from Randolph Circuit Court; J. B. Baiter, Judge; It was error to sustain defendant’s plea of res judicata. To constitute res judicata it is essential that the .same issues between the same parties be determined. Neither the parties nor issues here were the same. A judgment in a garnishment suit is not conclusive except as against the plaintiff, and will not support a. plea of res judicata. 2 Black on Judg. (2 ed.), § 594; Drake on Att. (7 ed.), § 707; 85 Penn. 333; 37 Yt. 127; 35 Pa.'St. 308; 9 Martin, 396; 29 Ind. 489; 11 Mass. 334; 33 N. H. 511. The bank was not garnished prior to…
1Opinion of the Court
HART, J.,
(after stating the facts). It is earnestly insisted by counsel for the plaintiff that the court erred in sustaining the defendant’s plea of res adjudicata. The record shows that the treasurer • instituted the present action against the bank to recover from it the funds in its hands belonging to the drainage district before Brown instituted his suit in chancery against the drainage district to recover the amount due him by it and in which the bank was garnished. Therefore it is claimed that this case is governed by the rule of priority in assuming jurisdiction. One reason given is…
2Cases cited4 opinions
- Church v. GallicSupreme Court of Arkansas · 1905
- Plummer v. School District Number 1Supreme Court of Arkansas · 1909
- Quellmalz Lumber & Manufacturing Co. v. DaySupreme Court of Arkansas · 1918
- Goyer Co. v. WilliamsonSupreme Court of Arkansas · 1913
3Cited by10 opinions
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Graves Bros., Inc. v. LasleySupreme Court of Arkansas · 1935
- American Co. of Arkansas v. WheelerSupreme Court of Arkansas · 1930
- C. A. Rees & Co. v. PaceSupreme Court of Arkansas · 1923
- Davies & Davies v. PattersonSupreme Court of Arkansas · 1919
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