Jackson v. Thomson
Supreme Court of Pennsylvania
Appeal, No. 70, Jan. T., 1906, by plaintiffs, from judgment of C. P. Sullivan Co., Sept. T., 1902, No. 49, on verdict for defendants in case of W. W. Jackson et al. v. .Rush J. Thomson and Walter B. Gunton. Ejectment for land in Cherry township. Before Wheaton, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendants. Plaintiff appealed.
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Appeal, No. 70, Jan. T., 1906, by plaintiffs, from judgment of C. P. Sullivan Co., Sept. T., 1902, No. 49, on verdict for defendants in case of W. W. Jackson et al. v. .Rush J. Thomson and Walter B. Gunton. Ejectment for land in Cherry township. Before Wheaton, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendants. Plaintiff appealed. Error assigned was in directing a verdict for defendants on the ground that the case was res adjudicata by former equity proceedings between the parties.
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
The principal and controlling question here is whether the adjudication in the equity case is a bar to the present *212action of ejectment. To determine what was adjudicated in the former equity suit between the parties to that action, it will be necessary to refer to the pleadings and the decree of the court. “ As this (former adjudication) is an estoppel by matter of record,” says Thomson, O. J., in Williams v. Row, 62 Pa. 118, “we must look to see what the record says, what it was that the plaintiffs claimed by their bill.” And in Kelsey v. Murphy, 26 Pa. 78,…
2Cases cited5 opinions
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
- Kelsey v. MurphySupreme Court of Pennsylvania · 1856
- Williams v. RowSupreme Court of Pennsylvania · 1869
- Schriver v. EckenrodeSupreme Court of Pennsylvania · 1878
3Cited by12 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Cooper v. Public Finance Corp.Court of Appeals of Georgia · 1978
- Commonwealth v. GibsonSupreme Court of Pennsylvania · 1923
- MacHen v. Budd Wheel Co.Supreme Court of Pennsylvania · 1928
- Piro v. ShipleySuperior Court of Pennsylvania · 1907
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