Hudson v. Layton
Court of Chancery of Delaware
Statement of the Case. The bill was filed on September 25, 1915, wherein it was alleged that on August 10, 1910, an action of trespass on the case was brought in the Superior Court for Sussex County by Elizabeth A. Layton against the complainant, Parker H. Hudson, for damages by fire to growing timber on her land, and on October 14, 1910, judgment was entered for want of an appearance.
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Statement of the Case. The bill was filed on September 25, 1915, wherein it was alleged that on August 10, 1910, an action of trespass on the case was brought in the Superior Court for Sussex County by Elizabeth A. Layton against the complainant, Parker H. Hudson, for damages by fire to growing timber on her land, and on October 14, 1910, judgment was entered for want of an appearance. It was further alleged, in substance, that at the time when the action was brought another suit- was pending against the complainant, which had been brought by one Landreth L. Layton for damages caused by the…
1Opinion of the Court
The Chancellor.
The issue before this court is whether the plea of res adjudicata has been proved. In general a plea that another court having" jurisdiction of the parties and subject-matter had determined the issues between the parties is, if sustained, a bar to any judicial determination of the same matters by another court other than an appellate court.' Worknot v. Millen's Adm’r., 1 Har. 139; Cochran v. Couper, 2 Del. Ch. 27; Jones v. Warner, 2 Boyce, 567, 83 Atl. 131; Sill v. Kentucky, etc., Co., 11 Del. Ch. 93, 97 Atl. 617.
*109It is urged for the complainant that there were two grounds urged…
2Cases cited13 opinions
- Crouse v. . McVickarNew York Court of Appeals · 1912
- Johnson v. StockhamCourt of Appeals of Maryland · 1899
- Pollock v. GilbertSupreme Court of Georgia · 1854
- Sill v. Kentucky Coal & Timber Development Co.Court of Chancery of Delaware · 1916
- Jones v. Charles Warner Co.Superior Court of Delaware · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Williams v. DaiseySuperior Court of Delaware · 1935
- DiLuchio v. Otis Oil Burner Corp.Court of Chancery of Delaware · 1926
- Powell v. PowellCourt of Chancery of Delaware · 1920
- Kuratle v. PyleCourt of Chancery of Delaware · 1919
- J.M.L., Inc. v. Shoppes of Mount Pleasant, LLCSuperior Court of Delaware · 2018
1 more not listed; retrieve them via the Exa API.