Straw v. Illinois Central Railroad
Mississippi Supreme Court
From the circuit court of Hinds county. Hon. J. B. Chrisman, Judge. The opinion states the case. The merits, as set out in the second case, not having been, heard under the first declaration, the court should not have found for appellee on the question of res adjudicata. £ £ Only judgments in which the merits might have been tried are conclusive. ” Johnson v. White, 13 Smed. & M., 584; Mosby v. Wall, 23 Miss., 81. The facts must have been directly in. issue.
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From the circuit court of Hinds county. Hon. J. B. Chrisman, Judge. The opinion states the case. The merits, as set out in the second case, not having been, heard under the first declaration, the court should not have found for appellee on the question of res adjudicata. £ £ Only judgments in which the merits might have been tried are conclusive. ” Johnson v. White, 13 Smed. & M., 584; Mosby v. Wall, 23 Miss., 81. The facts must have been directly in. issue. Land v. Heim, 52 Miss., 341; Scully v. Lowenstein, 56 Lb., 652. Questions not presented in former pleadings not. adjudicated. Hubbard v.…
1Opinion of the CourtWoods, J.
A judgment on demurrer, going to the merits of the action, is as perfect bar to a second suit on the same demand or cause of action, as a judgment on a verdict finding all the facts. This proposition is fundamental in the present case, and is elementary. We understand that there is no disagreement between counsel on this point.
That the parties to the former suit and to the present suit are the same, is admitted, and that the demand of appellant arose out of one and the same occurrence is not denied. In the former suit the claim or demand of the appellant for damages for personal injuries…
2Cited by8 opinions
- Cotton v. WalkerMississippi Supreme Court · 1932
- Thornton v. City of NatchezMississippi Supreme Court · 1906
- Hennessy v. Chicago, B. & Q. Ry. Co.Wyoming Supreme Court · 1916
- Brennan v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1899
- Weathersby v. Pearl River Lumber Co.Mississippi Supreme Court · 1906
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