Elliott v. Porter
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. This case having been adjudicated in the probate court as to the ownership of the property involved, the decision of the district court reversing that unappealed adjudication is a read-judieation of a former adjudication and is ex necessitate wrong.
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APPEAL from District Court, Nez Perces County. This case having been adjudicated in the probate court as to the ownership of the property involved, the decision of the district court reversing that unappealed adjudication is a read-judieation of a former adjudication and is ex necessitate wrong. The rule of law, we contend-, is the judgment of a court of competent jurisdiction directly upon the point is, as a plea, a bar and as evidence conclusive between the same parties and privies upon the same matter directly in another court. (Love v. Waltz, 7 Cal. 250; Wiese v. ,8an Francisco Musical…
1Opinion of the CourtHuston, C. J.
— In July, 1897, Elliott and Emery, as co-partners, instituted a suit in the probate court of Nez Perces *685county against Al. Lamott and William Eoss for the recovery of certain personal property, consisting of one set of double harness and two horses, of the alleged value of $175. It seems that some time prior to the institution of said suit the plaintiffs ■and defendants therein had made a contract or agreement wherein and whereby the said defendants agreed “to deliver, in Clear-water river, in 1896, five hundred thousand feet of logs, at three dollars per thousand for common lumber, and five…
2Cases cited1 opinion
- Marsh v. PierSupreme Court of Pennsylvania · 1833
3Cited by5 opinions
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935
- Hilton v. StewartIdaho Supreme Court · 1908
- Jeffery v. OuldhouseIdaho Supreme Court · 1938
- Lawrence v. CorbeilleIdaho Supreme Court · 1919