Follansbee v. Walker

Opinion delivered October 27th, 1873, by

Sharswood J.

There was no error in the admission of the record of the former judgment. The parties in that suit and in the action tried below were substantially the same. In the former, Joshua Foliansbee was the legal, in the latter, he is the equitable plaintiff. The subject matter of the two suits appeared by the record to be identical. The presumption would be upon the issues, that the merits had been passed upon in the former proceeding. Such being the case, if no technical objection appeared to have been raised upon the record to the right of Joshua…