Legal Opinion · Dissent

Hogle v. Smith

Supreme Court of Iowa

Decided October 24, 1907Published

Appeal from Blaclchawk District Court.— IloN. A. S. Blaie, Judge. ActioN, to recover rents for the use and occupation of certain lands. Defendant, pleaded a former adjudication, and, upon ber motion, a verdict was directed and judgment rendered against plaintiff for costs. Plaintiff appeals.

1DissentWeavee, C. J.

(dissenting.) — The plea of res judicata, or prior adjudication, is among the most familiar known to our procedure, and most of the general rules of the law governing it are well settled; but so great is the multitude and variety of the cases that the boundary lines between those falling within any given rule and those falling within some recognized exception are not always easy to trace. Stated, generally, the fundamental proposition of res judicata, is that a judgment of a court of competent jurisdiction on the merits of any litigated question is a bar to any future suit between the same…

2Cases cited48 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Russell v. PlaceSupreme Court of the United States · 1877
  3. Packet Co. v. SicklesSupreme Court of the United States · 1867
  4. Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
  5. De Sollar v. HanscomeSupreme Court of the United States · 1895

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