Stickney v. Goudy
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook ■county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by A. B. Stickney and James J. Hill, for the use of James J. Hill, against William C. Goudy, to recover damages for an alleged breach of ' contract. The declaration contained two special counts.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook ■county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by A. B. Stickney and James J. Hill, for the use of James J. Hill, against William C. Goudy, to recover damages for an alleged breach of ' contract. The declaration contained two special counts. Each count of the declaration sets up three contracts in writing, all ■executed on the 28th day of May, 1880. The first count sets cut the three contracts in hmc verba, and avers that each was…
1Opinion of the CourtJustice Craig
This action was brought, as it will be observed, to recover damages for an alleged breach of contract, and the question presented by the pleas is, whether the same matter was adjudicated in the suit in equity set up in the pleas. If it was, the decree will be a bar to this action.
It is a well established rule, that where the subject matter of a cause of action has been once determined by a final judgment or decree in a court of competent jurisdiction, another suit can not be maintained between the same parties on such cause of action. The decree or judgment first rendered will be conclusive…
2Cases cited4 opinions
- Kennedy v. HazeltonSupreme Court of the United States · 1888
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Rogers v. HigginsIllinois Supreme Court · 1870
- Doan, King & Co. v. MauzeyIllinois Supreme Court · 1864
3Cited by28 opinions
- Sellers v. GreerIllinois Supreme Court · 1898
- Elting v. First National Bank of BiggsvilleIllinois Supreme Court · 1898
- Martin v. EvansCourt of Appeals of Maryland · 1897
- Kelly v. GalbraithIllinois Supreme Court · 1900
- Patterson v. PattersonIllinois Supreme Court · 1911
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