Tucker v. Rohrback
Michigan Supreme Court
Error to Branch Circuit. This was an appeal to the Circuit Court from the judgment of a Justice of the Peace. In the Circuit, it was referred, and the referee reported, among other things, that this claim had been litigated in a prior suit, before.
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Error to Branch Circuit. This was an appeal to the Circuit Court from the judgment of a Justice of the Peace. In the Circuit, it was referred, and the referee reported, among other things, that this claim had been litigated in a prior suit, before. A. L. Potter, Esq., a Justice of the Peace of the city of Coldwater, wherein the defendant in this cause was plaintiff, and the plaintiff herein, with one Sophia Rohrback, were defendants; and that plaintiff in that case sought to recover for the same corn-stalks, for which he made claim, under a notice of set-off, in this case; “that said matter…
1Opinion of the Court
Martin Ch. J.:
That a judgment, to constitute a bar .to a claim in a subsequent action, must be rendered upon the merits,, upon the same mattér in issue, and between the same parties or their privies, is unquestionable.
In the present case, testimony was offered, and received, tending to show that a portion of the property here in litigation had been the subject of a former suit,, between this same plaintiff, and the defendant and his-, wife, and that judgment was given therein. What that judgment was, or upon what founded, we are not informed. It may have been rendered upon the merits,, or for…
2Cited by43 opinions
- Gose v. Monroe Auto Equipment Co.Michigan Supreme Court · 1980
- Curry v. City of DetroitMichigan Supreme Court · 1975
- McDannel v. BlackMichigan Supreme Court · 1935
- Hewett Grocery Co. v. Biddle Purchasing Co.Michigan Supreme Court · 1939
- Brownridge v. Michigan Mutual InsuranceMichigan Court of Appeals · 1982
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