Stewart v. Burgin

The appeal is from a decree overruling demurrer to the bill seeking injunctive relief against collection of judgment.

The rule of an estoppel by judgment is that it mnst be mutual and equally binding on all persons having an adverse interest in the matter made the subject of the suit and rendered on the merits of the controversy, or that ought to have been litigated between the parties as to such subject-matter within the issues of the pleadings. Crowson v. Cody, 215 Ala. 150, 153, 110 So. 46. It is also well -established that splitting of causes of action and grounds of recovery is not…