Hickey v. Anheuser-Busch Brewing Ass'n
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. Hon. N. Walter Dixon, Judge. Action by Anheuser-Busch Brewing Association against Victor de Carli and Max Schwer, revived after the death of de Carli in the name of Philip J. Hickey, as administrator. Prom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtJustice Goddard
1. Counsel for appellant insist that the judgment of the county court disallowing- the claim was res adjudícala, and barred the right to recover on the note in this action. The finding of the court, as set forth in the answer, is: “That the court doth further find as a matter of fact that more than six years have intervened between the date the cause of action * .* * arose and the time set for the hearing of said claim, ’ ’ and for this reason disallowed the claim. In order to constitute an estoppel by judgment, the same identical matter must have been in issue in the former suit, and the…
2Cases cited2 opinions
- De Sollar v. HanscomeSupreme Court of the United States · 1895
- Allen v. TritchSupreme Court of Colorado · 1880
3Cited by8 opinions
- Fehringer v. F. H. Martin Drug Co.Supreme Court of Colorado · 1914
- D. A. C. Uranium Co. v. BentonDistrict Court, D. Colorado · 1956
- Cox v. Bankers Trust Co.Colorado Court of Appeals · 1977
- Ornauer v. Penn. Mutual Life InsuranceSupreme Court of Colorado · 1912
- Savage v. Central Electric Co.Supreme Court of Colorado · 1915
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