Sturdy v. Jackaway
Supreme Court of the United States
Sturdy brought ejectment against Jackaway in one of the State courts of Arkansas to recover a tract of land in that State, the action being brought not in the English fictitious form used still in some States of the Union, but in the way now more common with us — and which prevails in Arkansas —where the parties sue, as in other cases, in their true names, and where the land claimed is described so as to be capable of complete identification.
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Sturdy brought ejectment against Jackaway in one of the State courts of Arkansas to recover a tract of land in that State, the action being brought not in the English fictitious form used still in some States of the Union, but in the way now more common with us — and which prevails in Arkansas —where the parties sue, as in other cases, in their true names, and where the land claimed is described so as to be capable of complete identification. J udgment was given for the defendant; and the case having gone to the Supreme Court of Arkansas the judgment was there affirmed. He then brought…
1Opinion of the CourtJustice Grier
The two questions certified by the court below constitute but one.
It is a well-settled principle of the common law “that in personal actions concerning debts, goods, and effects (by way of distinction from other actions), a recovery in one action is a bar to another. This principle is not true of personal actions alone, but is equally and universally true of all actions, whatsoever quoad their subject-matter; and that an allegation on record, on which issue has been once taken and found, is, between the parties taking it and their privies, conclusive, according to the finding thereof, so as…
2Cited by12 opinions
- Hudson v. Iguano Land & Mining Co.West Virginia Supreme Court · 1912
- Kimmel v. BennaSupreme Court of Missouri · 1879
- Elizabethport Cordage Co. v. WhitlockSupreme Court of Florida · 1896
- Barrell v. Title Guarantee Co.Oregon Supreme Court · 1895
- Dawson v. ParhamSupreme Court of Arkansas · 1892
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