Brown v. Brown

Wyatt, Presiding Justice.

It is contended by the plaintiff in error that by the judgment in the injunction suit above referred to it was determined, or under the rules of law it could have been determined, that the defendant in error was not the common-law wife of the plaintiff in error, and that this judgment is res judicata on the question of whether or not there was a common-law marriage subsisting between the parties to this action. We can not agree with this contention. The doctrine of res judicata is that all matters which were in issue or which under the rules of law could have been put…