Walker v. Chase
Supreme Judicial Court of Maine
Exceptions from the ruling of Kent, J. Assumpsit for rent under a lease by the plaintiffs, as lessors, against the defendant, an alleged assignee of one ICil-born, who was the lessee.
Read the full summary
Exceptions from the ruling of Kent, J. Assumpsit for rent under a lease by the plaintiffs, as lessors, against the defendant, an alleged assignee of one ICil-born, who was the lessee. The action was referred, by rule of Court, to J. H. Drummond, Esq., at the April term, 1864, who made his report to the October term, 1864. The plaintiffs claimed rent for two quarters, due in 1863 and 1864, by virtue of a five years’ lease of a certain mill from them to one Kilborn, dated Feb., 1860, for an alleged assignment thereof in Nov., 1860, to the defendant. The defendant denied the assignment. At the…
1Opinion of the CourtWalton, J.
The question is how far a fact once litigated can be again called in question between the same parties.
Litigation is an expense to the public as well as to the parties. In fact the expense to the public is often greater than it is to the parties. It is for the public good, therefore, that there be an end of litigation. Expedit reipublicae ut sit finis litium. And when a cause has been once fairly tried, it ought not to be tried over again, even if the parties are willing. Such a course would be unjust to other parties whose causes might be thereby delayed. As' well might a man who has a right…
2Cited by11 opinions
- Greenup v. CrooksIndiana Supreme Court · 1874
- Liberty Mutual Insurance Co. v. JR Clark Co.Supreme Court of Minnesota · 1953
- Cianchette v. VerrierSupreme Judicial Court of Maine · 1959
- Ocean A. G. Corp., Ltd. v. U.S.F. G. Co.Arizona Supreme Court · 1945
- Ocean Accident & Guaranty Co. v. United States Fidelity & Guaranty Co.Arizona Supreme Court · 1945
6 more not listed; retrieve them via the Exa API.