Legal Opinion · Concurrence

Lockett v. Lindsay

Idaho Supreme Court

Decided January 15, 1870Published

Appeal from the district court, second'judicial district, Ada county.

1ConcurrenceLewis, J.

The question presented for our decision in this case, is this, whether a judgment, that a bill in chancery is bad in substance, can be pleaded in bar to a good bill for the same cause of action. The district court held that the first bill filed was bad, in this, that the bill did not state facts sufficient to constitute a cause of action. "Whether the bill was good or bad, is a question we can not consider. The district court adjudged it bad — which judgment is in full force. This court is bound by that judgment, as no appeal has been taken therefrom.

I am of opinion that the new bill filed is…

2Cases cited3 opinions

  1. Perine v. DunnNew York Court of Chancery · 1819
  2. Robinson v. HowardCalifornia Supreme Court · 1855
  3. Holmes v. RemsenNew York Court of Chancery · 1823

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