Legal Opinion
Reid v. Singer Sewing MacH. Co.
Supreme Court of Alabama
Decided December 20, 1928No. 6 Div. 185PublishedCited by 16 opinions
1Opinion of the CourtAnderson, C. J.
A judgment in a former acti.on between the same parties is not only conclusive of the questions actually litigated, but which could have been litigated in the former suit. Crowder v. Red Mountain Co., 127 Ala. 254, 29 So. 847; Irby v. Commercial Bank, 204 Ala. 420, 85 So. 509. The best and perhaps most invariable test as to whether a former judgment is a bar is to inquire whether the same evidence will sustain both the present and the former action. If this identity of evidence is found, it will make no difference if the form of the two actions is not the same. Whatever be the form of the…
2Cases cited6 opinions
- Crowder v. Red Mountain Mining Co.Supreme Court of Alabama · 1899
- Roberts v. MossCourt of Appeals of Kentucky · 1907
- Cannon v. BrameSupreme Court of Alabama · 1871
- Irby v. Commercial Nat. BankSupreme Court of Alabama · 1920
- Alabama Fuel & Iron Co. v. AndrewsSupreme Court of Alabama · 1925
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McGruder v. B & L Construction Company, Inc.Supreme Court of Alabama · 1976
- Terrell v. City of BessemerSupreme Court of Alabama · 1981
- Sessions v. Jack Cole CompanySupreme Court of Alabama · 1963
- Geer Bros., Inc. v. CrumpSupreme Court of Alabama · 1977
- Gulf American Fire and Casualty Co. v. JohnsonSupreme Court of Alabama · 1968
11 more not listed; retrieve them via the Exa API.