Hanchey v. Coskrey
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hou. John P. Hubbard. This was an action of detinue for a mule, in which the appellee, Coskrey, was plaintiff in the court below, and appellant, Hanchey, defendant. The material facts and rulings of the court below are stated in the opinion. A judgment not upon the merits, is not conclusive as an estoppel. — Chamberlain v. Gaillard, 26 Ala. 504; Gilbreath v. Jones, 66 lb. 129; Thomason v. Adams, 31 lb. 108.
1Opinion of the CourtClopton, J.
— The general rule can not be controverted, that when there is identity of subject-matter and point in question, matters, which have been determined by a court of competent jurisdiction, are not open to litigation in a subsequent suit between the same parties or their privies; and whilst it is expressed generally, that the estoppel will be limited to the points actually decided, it extends beyond these to all points necessarily involved, without the adjudication of which the judgment could not have been rendered. In such case, the implication, that the judgment covers the whole, can not be…
2Cases cited3 opinions
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- McCall v. JonesSupreme Court of Alabama · 1882
- Perkins v. MooreSupreme Court of Alabama · 1849
3Cited by10 opinions
- Crowson v. CodySupreme Court of Alabama · 1926
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Schillinger v. LearySupreme Court of Alabama · 1917
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
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