Hinton v. McNeil
Ohio Supreme Court
This was an action of. trespass tried on the last circuit, in Ross county. A verdict was found for the plaintiff, against McNeil, for twenty dollars; the other defendants were found not guilty. A motion was made by McNeil for a new trial, which was reserved. The action was commenced by Haggard; on his death it was revived by his administrator.
Read the full summary
This was an action of. trespass tried on the last circuit, in Ross county. A verdict was found for the plaintiff, against McNeil, for twenty dollars; the other defendants were found not guilty. A motion was made by McNeil for a new trial, which was reserved. The action was commenced by Haggard; on his death it was revived by his administrator. It was for turning Haggard out of possession of a farm and taking possession of it by the defendants, and converting the crops growing on the farm to their own use. It was proved on the trial that the premises are in Ross county, in the Yirginia…
1Opinion of the CourtCollet, J.
It is a general rule that the judgment of a court, having juris•diction *of the subject matter and of the parties, is, as a plea, a bar, and as evidence, conclusive between the same parties •or privies in any action afterward prosecuted for the same matter by either against the other. So that no matter once litigated and determined, by competent authority, can, in general, again be litigated between the same parties or their privies. To this rule, in our. law, we remember but one exception, which is, that a judgment, in an action of ejectment, does not prevent the parties from retrying the…
2Cases cited1 opinion
- Jackson ex dem. Beekman v. HavilandNew York Supreme Court · 1816
3Cited by5 opinions
- Thomas Dodrill v. Robert Ludt, Niles Police Department John A. Ross, Niles Police Department and City of NilesCourt of Appeals for the Sixth Circuit · 1985
- Loewenstine v. Delta Air Lines, Inc.Ohio Court of Appeals · 1982
- Ohio Dept. of Adm. Serv. v. MorrowOhio Court of Appeals · 1990
- Raulerson v. PeeplesSupreme Court of Florida · 1921
- Williamson v. RubichOhio Court of Appeals · 1957