Legal Opinion

Bowman v. Sims

Supreme Court of Arkansas

Decided September 30, 1918PublishedCited by 1 opinion

Appeal from Prairie Circuit Court, Southern District; Thos. G. Trimble, Judge; The issue raised here was never raised or passed on by the chancery court or by the Supreme Court. The matter was never res adjudicata. 66 Ark. 366; 124 Id. 435; 18 Id. 142; 24 A. & E. Enc. Law (2 ed.), 784. 1. The parties are the same as well as the subject matter.

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Appeal from Prairie Circuit Court, Southern District; Thos. G. Trimble, Judge; The issue raised here was never raised or passed on by the chancery court or by the Supreme Court. The matter was never res adjudicata. 66 Ark. 366; 124 Id. 435; 18 Id. 142; 24 A. & E. Enc. Law (2 ed.), 784. 1. The parties are the same as well as the subject matter. The same transaction is involved and the matter is clearly res adjudicata. 15 Ark. 555; 19 Id. 62; 39 Id. 531; 47 Id. 31. 2. The former judgment is conclusive. 65 U. S. 24; 7 Wall. 619; 94 IT. S. 477, 485; 23 Cyc. 1295; 15 R. C. L. 438; 52 Ark. 411. See…

1Opinion of the CourtHumphreys, J.

On the 12th day of September, 1916, appellant brought suit against appellee in the Southern District of the Prairie Circuit Court to recover $15,900 damages on account of an alleged breach of a contract entered into between appellant and appellee in July, 1905, alleged in substance to be that they purchased a large tract of land in Prairie County, Arkansas, at a total cost of $31,800; that appellant should have the exclusive right to fix the sales price and sell the land and divide the net profit between them equally; that appellee would join appellant in a general warranty deed in conveyance…

2Cases cited4 opinions

  1. Shall v. BiscoeSupreme Court of Arkansas · 1856
  2. McCombs v. WallSupreme Court of Arkansas · 1899
  3. Harris v. TownsendSupreme Court of Arkansas · 1889
  4. Edwards v. WallaceSupreme Court of Arkansas · 1913

3Cited by1 opinion

  1. Blume v. LightleSupreme Court of Arkansas · 1929

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