Miller v. Bulkley
Mississippi Supreme Court
From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Miller, tlie appellant, was plaintiff in the court below; Bulkley, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. In August, 1902, plaintiff ordered an automobile from defendant, the price of which was $425, of which $100 was paid.
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From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Miller, tlie appellant, was plaintiff in the court below; Bulkley, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. In August, 1902, plaintiff ordered an automobile from defendant, the price of which was $425, of which $100 was paid. After some correspondence between the parties — Miller wanting to test the machine in a certain way before paying for it, and Bulkley declining to allow the test made as requested — Miller, claiming that he had declined to…
1Opinion of the CourtTruly., J.
The judgment of the court in sustaining the plea of res judicata, as presented by the record, was manifestly correct. The identical question arising upon the same contract had already been adjudicated in another suit between the same parties, in the same tribunal, at a previous term; and the judgment in the former suit, which was adverse to the appellant, had been satisfied and paid. Every element necessary to constitute a prior adjudication exists in this record.. This is conclusive against the appellant. The contention of appellant that an issue of fact necessitating a submission to the…
2Cited by3 opinions
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