Ordway v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. The defendants pleaded (1) the general issue and (2) a former judgment rendered in a suit between, the parties for the same cause of action. Replication to the second plea, that the former judgment was not rendered upon a trial on the merits involved in that suit, but was a judgment upon a non-suit. Pacts found at the trial term.
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Case, for negligence. The defendants pleaded (1) the general issue and (2) a former judgment rendered in a suit between, the parties for the same cause of action. Replication to the second plea, that the former judgment was not rendered upon a trial on the merits involved in that suit, but was a judgment upon a non-suit. Pacts found at the trial term. The present suit is for the same cause of action as the suit between the same parties tried at the October term, 1896. At that trial the plaintiff presented his case to the jury and submitted it. Thereupon, upon motion of the defendants, the…
1Opinion of the CourtBlodgett, C. J.
The question in this case is whether an involuntary nonsuit, ordered by the court for the insufficiency of the plaintiff’s evidence to authorize the jury to find a verdict in his favor, is a bar to a subsequent suit upon the same cause of action between the same parties.
% It is familiar law that a former judgment by a court of competent jurisdiction over the parties and subject-matter is, while outstanding, an absolute bar to a subsequent action for the same cause between the same parties or their privies, if such judgment is final and rendered upon the merits. In other words, the cause of…
2Cases cited18 opinions
- Castle v. BullardSupreme Court of the United States · 1860
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Clark's v. HannibalSupreme Court of Missouri · 1865
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cleary v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1926
- State v. PorteeWashington Supreme Court · 1946
- Clegg v. United StatesCourt of Appeals for the Tenth Circuit · 1940
- Dunseth v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Wolfe v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1909
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