Roberts v. Moss
Court of Appeals of Kentucky
CASE 66. — ACTION BY MILFORD ROBERTS AND OTHERS AGAINST E. S. MOSS AND OTHERS FOR TRESPASS TO LAND. Appeal from Whitley Circuit Court. M. J. Moss, Circuit Judge. Prom a judgment of dismissal as to defendant E. S. Moss, plaintiffs appeal To constitute an estoppel by way of res judicata it must be clear, not uncertain.
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CASE 66. — ACTION BY MILFORD ROBERTS AND OTHERS AGAINST E. S. MOSS AND OTHERS FOR TRESPASS TO LAND. Appeal from Whitley Circuit Court. M. J. Moss, Circuit Judge. Prom a judgment of dismissal as to defendant E. S. Moss, plaintiffs appeal To constitute an estoppel by way of res judicata it must be clear, not uncertain. If - there is any uncertainty it sets the matter at large, and this uncertainty must appear both by allegation and proof. ‘Tf there be any uncertainty as to- the precise question involved and determined in the action, as' for example, it appears tfhat several matters are…
1Opinion of the Court
Opinion op the Court by
Judge Settle
Affirming.
This is an- appeal from a judgment of the Whitley circuit court sustaining appellee Moss’ plea and defense of res judicata, and dismissing, as to him, appellants’ action, which was one of trespass quare clausum fregit. The petition particularly described two adjoining tracts of land lying in Whitley county, of which it averred appellants to be the owners, and, in substance, charged that appellee and Dennis Bros., a partnership having its chief office and place of business at Somerset, Pulaski county, in the year, 1903, unlawfully, wrongfully, with…
2Cases cited7 opinions
- Downs v. FinneganSupreme Court of Minnesota · 1894
- Pilcher v. LigonCourt of Appeals of Kentucky · 1891
- Savage v. FrenchAppellate Court of Illinois · 1883
- Maize v. BowmanCourt of Appeals of Kentucky · 1892
- Hall v. FormanCourt of Appeals of Kentucky · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bill v. GattavaraWashington Supreme Court · 1949
- Barker v. Stearns Coal & Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1942
- Ocean Accident & Guarantee Corp. v. Milford BankCourt of Appeals of Kentucky (pre-1976) · 1930
- Shadoin v. SellarsCourt of Appeals of Kentucky (pre-1976) · 1928
- City of Louisville v. ThomasCourt of Appeals of Kentucky (pre-1976) · 1935
15 more not listed; retrieve them via the Exa API.