McCall v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the lion. Joim Moobe. This action was brought by Tristam B. McCall, “ as husband and trustee of Laura A. McCall, his wife,” against John W. Jones; and was commenced on the 1st June, 1882. The complaint contained only a single count, claiming two hundred dollars as damages,for this: that (to-wit) on 1st December, 1881, defendant received and took from one Peter Patton about eighty bushels of corn, and about three hundred…
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Appeal from the Circuit Court of Lowndes. Tried before the lion. Joim Moobe. This action was brought by Tristam B. McCall, “ as husband and trustee of Laura A. McCall, his wife,” against John W. Jones; and was commenced on the 1st June, 1882. The complaint contained only a single count, claiming two hundred dollars as damages,for this: that (to-wit) on 1st December, 1881, defendant received and took from one Peter Patton about eighty bushels of corn, and about three hundred pounds of seed-cotton, worth, to-wit, one hundred dollars; on which said corn and cotton, plaintiff avers that said…
1Opinion of the CourtSomeryille, J.
The rule of res adjudicata, or former recovery, is confined to those cases where the parties to the two suits are the same, the subject-matter the same, the identical point is directly in issue, and the judgment 'has been rendered in the first suit on that point.—Gilbreath v. Jones, 66 Ala. 129; 2 Smith’s Lead. Cases, 609 [573]; Freeman on Judg. § 258. It is not only essential that the issue, or point in question, must *372either have been actually decided, or necessarily involved in the first case, but the .first judgment, sought to be pleaded in bar in the second suit, will not be available as…
2Cases cited10 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
- Mitchell v. St. Maxent's LesseeSupreme Court of the United States · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Jay v. StateAlabama Court of Appeals · 1916
- Ryan v. YoungSupreme Court of Alabama · 1906
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Schillinger v. LearySupreme Court of Alabama · 1917
21 more not listed; retrieve them via the Exa API.