Doss v. Long Prairie Levee District
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; 1. A judgment upon the merits of a .controversy is binding upon all parties and privies, and is a complete bar to any new action, suit, defense, setoff or counterclaim involving the same matter. 24 Am. & Eng. Enc. of Daw, (2 ed.), 710; 19 Enc. PI. & Pr. 736. 2. Appellee’s -defense is ibarred by the former recovery. 24 Am. & Eng. Enc. of Daw (2 ed.), Tit.
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; 1. A judgment upon the merits of a .controversy is binding upon all parties and privies, and is a complete bar to any new action, suit, defense, setoff or counterclaim involving the same matter. 24 Am. & Eng. Enc. of Daw, (2 ed.), 710; 19 Enc. PI. & Pr. 736. 2. Appellee’s -defense is ibarred by the former recovery. 24 Am. & Eng. Enc. of Daw (2 ed.), Tit. Res Judicata; 85 Md. 8. 3. In an action ex contractu, defendant can not counterclaim or setoff unliquidated damages flowing from a tort. 27 Ark. 489; 1 Ark. 338; 12 Ark. 651; 48…
1Opinion of the CourtHart, J.
This was an action 'brought by appellant against appellees to recover the sum of $700 alleged to be due upon a certificate of indebtedness issued to Charles DeVasseur for services while in the employment of appellees, and by him transferred to appellant.
Appellees answered, admitting the employment of DeVasseur, and the issuance of the certificate of indebtedness to him for his services; but they alleged facts which showed that De-Vasseur was guilty of fraud in the transaction of his agency, and that the certificate was issued ¡before his fraudulent acts became known to appellees. The facts,…
2Cases cited4 opinions
- Thomas v. HinkleSupreme Court of Arkansas · 1880
- Treadwell v. PittsSupreme Court of Arkansas · 1897
- Spaulding Manufacturing Co. v. ChaudoinSupreme Court of Arkansas · 1908
- Avera v. RiceSupreme Court of Arkansas · 1897
3Cited by6 opinions
- Weleetka Light & Water Co. v. BurlesonSupreme Court of Oklahoma · 1914
- Worthen v. StewartSupreme Court of Arkansas · 1915
- Baldwin v. PrinceSupreme Court of Arkansas · 1979
- Doles v. StateSupreme Court of Arkansas · 1924
- Neely v. WilmoreSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.