Taylor v. Neys
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hon. Joseph W. Moore, Judge. Action to cancel a bond for a deed, by John C. Taylor against Peter Neys’ impleaded with another. Prom a judgment for Peter Neys, plaintiff appeals. The i’ecord of a judgment cannot be impugned. When the record made up by a court of general jurisdiction shows conclusively that a certain question has been judicially determined between the same parties, evidence aliunde is inadmissible to contradict it.
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Appeal from circuit court, Moody county. Hon. Joseph W. Moore, Judge. Action to cancel a bond for a deed, by John C. Taylor against Peter Neys’ impleaded with another. Prom a judgment for Peter Neys, plaintiff appeals. The i’ecord of a judgment cannot be impugned. When the record made up by a court of general jurisdiction shows conclusively that a certain question has been judicially determined between the same parties, evidence aliunde is inadmissible to contradict it. Russell v. Place, 94 U. S. 608; Freeman on Judgments, §§ 275, 272; McLain v. Hungarian, 13 Johns 184; King v. Fuller, 3…
1Opinion of the CourtPuller, J.
Answering the complaint in this action to cancel a bond for a deed and by way of counterclaim, the defendant charged plaintiff with a breach of the terms of such instrument, and alleged full performance on his part, but consented to a cancellation thereof upon the restoration of $1,100, which he had already paid, as a part purchase price of the premises therein described. In reply to the counterclaim, a former suit between the same parties was pleaded in bar, and, on this appeal from a judgment for the full amount claimed by defendant, plaintiff insists that the trial court erred in…
2Cases cited6 opinions
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Munro v. MeechMichigan Supreme Court · 1893
- Delany v. ReadeSupreme Court of Iowa · 1856
- Harrison v. WoodThe Superior Court of New York City · 1853
- Marcellus v. CountrymanNew York Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Godfrey v. FaustSouth Dakota Supreme Court · 1904
- Fowler v. Iowa Land Co.South Dakota Supreme Court · 1904
- Van Wagenen v. ChladekSouth Dakota Supreme Court · 1911