Finley v. Kesling
Appellate Court of Illinois
1Opinion of the CourtJustice Romiti
The plaintiff in this case was previously a party to a divorce action in Indiana. In that case he testified, under oath, that he owned 31% of certain stock, his wife 29% and his children 40%. The Indiana court accepted this testimony and so divided the particular property. Now the plaintiff has filed a lawsuit in Illinois claiming beneficial ownership of the stock which in Indiana he had testified was owned by the children. The trial court, while aware that Indiana will not apply collateral estoppel unless mutuality is present, held that even though the children were not parties to the…
2Cases cited38 opinions
- Williams v. North CarolinaSupreme Court of the United States · 1943
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- New York Ex Rel. Halvey v. HalveySupreme Court of the United States · 1947
- Milwaukee County v. M. E. White Co.Supreme Court of the United States · 1935
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
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3Cited by47 opinions
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- Harbor Insurance v. Continental Bank Corp.Court of Appeals for the Seventh Circuit · 1990
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