Swank v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Ramsey county, for $580.64, entered in pursuance of an order for judgement by Otis, J.
1Opinion of the Court
MITCHELL, J.2
The question presented by this appeal is how far and as to what matters the judgment in a former action between the same parties operates as an estoppel in the present action.
The general rules on the subject are well settled, at least in this court. Where the first suit was for the same cause of action, the *424judgment, if rendered upon the merits, constitutes an absolute bar to the second suit, and is conclusive between the parties and their privies, not only as to every matter which was offered or received to sustain or defeat the claim or demand in controversy, but also as to any…
2Cases cited3 opinions
- Adams v. AdamsSupreme Court of Minnesota · 1878
- Bowe v. Minnesota Milk Co.Supreme Court of Minnesota · 1890
- Bruce v. . Fulton National BankNew York Court of Appeals · 1879
3Cited by29 opinions
- Youngstown Mines Corp. v. ProutSupreme Court of Minnesota · 1963
- Thompson v. American Tobacco Co.District Court, D. Minnesota · 1999
- Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
- National Farmers Union Property & Casualty Co. v. Leo FisherCourt of Appeals for the Eighth Circuit · 1960
- Smith v. SmithSupreme Court of Minnesota · 1952
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