Baird v. Bardwell
Mississippi Supreme Court
Appeal from the Chancery Court, of Sunflower County. R. B. Campbell, Esq., Special Chancellor, by agreement of parties, Hon. W. Gr. Phelps, being disqualified to preside, because a solicitor in the case. In April, 1873, Anne E. Bardwell and others filed a bill in chancery, against J. B. Baird and others.
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Appeal from the Chancery Court, of Sunflower County. R. B. Campbell, Esq., Special Chancellor, by agreement of parties, Hon. W. Gr. Phelps, being disqualified to preside, because a solicitor in the case. In April, 1873, Anne E. Bardwell and others filed a bill in chancery, against J. B. Baird and others. The defendants answered the bill, and took testimony to sustain their defence ; but the case was not pressed by the complainants, and on the 5th of March, 1879, the defendants caused citations to issue to the complainants’ solicitors, commanding them to appear on the first Monday of April,…
1Opinion of the CourtCooper, J.
A matter once adjudicated between the parties by a court of competent jurisdiction is finally and conclusively settled,, and in any subsequent suit for the same cause, the defendant may plead in bar the former judgment or decree. The reason is obvious. If the first judgment is not to be conclusive,, neither would be the second, nor the third, nor any number, and there would be no end to litigation. But the rule is not applicable, save in those cases in which, in the first suit, an issue has been determined in which the merits of the controversy were, or might have been, tried.
In Byrne v.…
2Cases cited2 opinions
- Cummins v. BennettNew York Court of Chancery · 1840
- Rumbly v. StaintonSupreme Court of Alabama · 1854
3Cited by3 opinions
- Kelly v. Town of MilanUnited States Circuit Court · 1884
- Harvey v. Dunaway Bros.Mississippi Supreme Court · 1957
- Talley v. TalleyMississippi Supreme Court · 1914