Durr v. Jackson
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before .tbe Hon. John A. Minnis. Tbe facts appear in the opinion. 1. There is no doubt that a judgment necessarily affirming the existence of certain facts is conclusive between the parties. This is true even when the facts are incidentally in question in relation to a different matter.—Freeman on Judg. § 249; 25 Cal. 272; 6 Pet. 729. The record of a former recovery is conclusive.
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Appeal from tbe City Court of Montgomery. Tried before .tbe Hon. John A. Minnis. Tbe facts appear in the opinion. 1. There is no doubt that a judgment necessarily affirming the existence of certain facts is conclusive between the parties. This is true even when the facts are incidentally in question in relation to a different matter.—Freeman on Judg. § 249; 25 Cal. 272; 6 Pet. 729. The record of a former recovery is conclusive. Freeman on Judg. § 257. Decisions on the merits of a cause ■are final.—Freeman on Judg. § 260; 12 Mo. 103; 35 Tex. ■'594. In a suit between the same parties, judgment…
1Opinion of the Court
BRICKELL, C. J.—
The appellee, plaintiff in the court below, sued on a bond for an attachment against his estate, executed by the appellants. The ground for the attachment as stated in the affidavit, was, that the plaintiff had money, property, or effects liable to satisfy his debts, which he fraudulently withheld. The action so far as the nature and character of the evidence necessary to sustain it, is to be considered, bears a closer resemblance to an action for malicious prosecutions, than to any other action at common law. It is necessary for the plaintiff to aver in his complaint, the…
2Cases cited15 opinions
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- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
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3Cited by26 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- White v. LevySupreme Court of Alabama · 1890
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