Home Insurance v. Tate Mercantile Co.
Mississippi Supreme Court
Appeal from the circuit court of Pearl River county. IioN. A. E. Weathebsby, Judge. Suit by the Tate Mercantile Company against the Home Insurance Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.. The recovery by the appellee in this suit on contract on the same facts alleged in this suit is res adjudicata 23 Cvc. 1168-1170. Res adjudicata.
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Appeal from the circuit court of Pearl River county. IioN. A. E. Weathebsby, Judge. Suit by the Tate Mercantile Company against the Home Insurance Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.. The recovery by the appellee in this suit on contract on the same facts alleged in this suit is res adjudicata 23 Cvc. 1168-1170. Res adjudicata. The doctrine of res adjudicata, or estoppel by judgment, is a rule founded on the soundest considerations or public policy. It means that if an action be brought and the merits of the…
1Opinion of the CourtSykes, J.
The Tate Mercantile Company, appellee, recovered a judgment against the Home Insurance Company for ten thousand dollars in the circuit court of Pearl Eiver county, from which judgment this appeal is prosecuted.
In the court below the appellant insurance company filed a plea of res ad judicata, or a former recovery by plaintiff in another suit against the insurance company of the sum of five hundred, eight dollars and forty-seven cents upon this same cause of action arising out of the identical facts involved in this suit. A replication to this plea was filed by the plaintiff in the court…
2Cases cited4 opinions
- Kimball v. Louisville & Nashville RailroadMississippi Supreme Court · 1908
- City of New Orleans v. MorganSupreme Court of Louisiana · 1904
- Town of Hazlehurst v. Cumberland Telephone & Telegraph Co.Mississippi Supreme Court · 1903
- Perry v. LewisMississippi Supreme Court · 1873
3Cited by11 opinions
- Progressive Casualty Insurance Company v. KeysMississippi Supreme Court · 1975
- Eichenseer v. Reserve Life InsuranceDistrict Court, N.D. Mississippi · 1988
- Bryan Constr. Co., Inc. v. Thad Ryan Cadillac, Inc.Mississippi Supreme Court · 1974
- McVay v. CastenaraMississippi Supreme Court · 1928
- Browne v. Merchants Co.Mississippi Supreme Court · 1939
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