Johnson v. Odom
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard bfeore Hon. Armstead Brown. Detinue by T. G-. Johnson against D. F. Odom, for the recovery of a cow. Judgment for defendant, and plaintiff appeals.
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Appeal from Montgomery City Court. Heard bfeore Hon. Armstead Brown. Detinue by T. G-. Johnson against D. F. Odom, for the recovery of a cow. Judgment for defendant, and plaintiff appeals. It appears from the proof that on a former occasion in the city court of Montgomery, Odom sued Johnson in detinue and in trover for certain cattle, among which appears to have been the cow made the basis of this suit, and that the judge of said court of Montgomery sitting without a jury found for defendant, the plaintiff in this case, as against the plaintiff in the former case, defendant in this case, as…
1Opinion of the CourtPelham, P. J.
From the record before us it appears that the question of an adjudication or judicial determination of the same matter between the parties in a former suit was made an issue by the parties without the aid of formal pleadings on the trial of the case before the judge sitting without a jury.
It was shown by the undisputed evidence, introduced without objection on the trial, that an action between the same parties as to the same subject-matter had been previously brought in a court of competent jurisdiction', and a final judgment on the merits rendered therein in favor of the appellant. This was…
2Cases cited8 opinions
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Thomason v. OdumSupreme Court of Alabama · 1857
- Tarleton v. JohnsonSupreme Court of Alabama · 1854
- Strang v. MoogSupreme Court of Alabama · 1882
- Cannon v. BrameSupreme Court of Alabama · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jay v. StateAlabama Court of Appeals · 1916
- Gulf American Fire and Casualty Co. v. JohnsonSupreme Court of Alabama · 1968