Inhabitants of Oxford v. Inhabitants of Paris
Supreme Judicial Court of Maine
On Report from Nisi Prius, Shepley, O. J. This and an earlier action, were brought by the plaintiffs against the defendants, founded upon R. S. chap. 32, sect. 29, for the support of the same pauper. They were pending at the same. time. The earlier one was referred. The award, which was against the plaintiffs, was accepted and the defendants recovered their cost. This action then came up for trial. It was for supplies furnished prior to the commencement of the first suit.
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On Report from Nisi Prius, Shepley, O. J. This and an earlier action, were brought by the plaintiffs against the defendants, founded upon R. S. chap. 32, sect. 29, for the support of the same pauper. They were pending at the same. time. The earlier one was referred. The award, which was against the plaintiffs, was accepted and the defendants recovered their cost. This action then came up for trial. It was for supplies furnished prior to the commencement of the first suit. A nonsuit was directed, which is to be set aside, if erroneously ordered. 1. A recovery, in order to operate as a bar in a…
1Opinion of the CourtShepley, C. J.
— The former action between these parties *181was founded upon the statute ch. 32, § 29, and the declaration must have alleged, that the same pauper had a legal settlement in the town of Paris. The settlement of the pauper was therefore involved in the trial upon the merits.
The plaintiffs insist, that the judgment against them in the former action is not a bar to their recovery in this action. That the town against which an action is commenced is alone estopped by a judgment against it.
To recover in legal proceedings is to be successful in a suit. It is to obtain a favorable judgment. The word…
2Cited by3 opinions
- Williams v. Southern Pacific Co.California Court of Appeal · 1921
- Peavler v. City of Mt. VernonAppellate Court of Illinois · 1910
- Inhabitants of the Town of Etna v. Inhabitants of the Town of PlymouthSupreme Judicial Court of Maine · 1966