Irby v. Commercial Nat. Bank
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County ; J. S. 'Williams, Judge. Bill of Ray G. Irby against tbe Commercial National Bank of Eufaula for an accounting and cancellation of a mortgage debt, with cross-bill by respondent seeking to foreclose tbe said mortgage. From tbe decree rendered, complainant appeals.
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Appeal from Circuit Court, Barbour County ; J. S. 'Williams, Judge. Bill of Ray G. Irby against tbe Commercial National Bank of Eufaula for an accounting and cancellation of a mortgage debt, with cross-bill by respondent seeking to foreclose tbe said mortgage. From tbe decree rendered, complainant appeals. Irby filed bis bill,' alleging usury, in tbe mortgage, and alleging certain payments tbereon, and asking a reference to ascertain tbe amount due to purge tbe same of usury, and to permit bim to pay off and cancel tbe mortgage debt, if any remained due, whereupon respondent filed a…
1Opinion of the Court
ANDERSON, O. J.
[1, 2] It is unquestionably the law that a former judgment is a bar or estoppel against a prosecution upon the same claim or demand between the same parties, and concludes them, not only as to what was offered to maintain or defeat the claim or demand, but as to any other admissible matter which might have been offered. But where the second action between the same parties is upon a different claim, the demand in the prior action operates as an estoppel only as to matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. This…
2Cases cited3 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Crowder v. Red Mountain Mining Co.Supreme Court of Alabama · 1899
- Commissioners Court Tuscaloosa Co. v. State ex rel. City of TuscaloosaSupreme Court of Alabama · 1913
3Cited by13 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Crowson v. CodySupreme Court of Alabama · 1926
- Reid v. Singer Sewing MacH. Co.Supreme Court of Alabama · 1928
- Lawrence v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1933
- Dawson v. HaygoodSupreme Court of Alabama · 1938
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