Rockwell v. Langley
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action on the case brought to August Term, 1850, by Rockwell v. Langley, for the continuance of a nuisance, in the keeping up of a mill-dam, and thereby keeping plaintiff’s land overflowed, after a prior suit to May Term, 1847, for the same nuisance, and a recovery thereon by plaintiff. Plaintiff declared for the continuance of the nuisance aforesaid, stating the former proceedings and recovery.
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Error to the Common Pleas of Erie county. This was an action on the case brought to August Term, 1850, by Rockwell v. Langley, for the continuance of a nuisance, in the keeping up of a mill-dam, and thereby keeping plaintiff’s land overflowed, after a prior suit to May Term, 1847, for the same nuisance, and a recovery thereon by plaintiff. Plaintiff declared for the continuance of the nuisance aforesaid, stating the former proceedings and recovery. Defendant entered a general plea of Not guilty. The issue was tried April 29,1852. Yerdict was rendered for the defendant. It appeared on the…
1Opinion of the Court
The opinion of the Court was delivered by
Lowbjce, J.
There is no rule of legal practice of higher value than that which arrests the strife of litigation, by declaring that one suit and judgment therein is an end of controversy as to all matters put in issue, and which ought to have been put in issue. And the present case illustrates the wisdom and necessity of the rule, as well for the protection of the public against the expense and trouble of repeated litigation, as to save the parties from the ruinous consequences of indulging the thought of being avenged for one defeat by a renewal of the…
2Cited by4 opinions
- Raisig v. GrafSuperior Court of Pennsylvania · 1901
- Hartman v. Pittsburg Inclined Plane Co.Superior Court of Pennsylvania · 1903
- Kapp v. ShieldsSuperior Court of Pennsylvania · 1901
- Sharpless v. ZelleySuperior Court of Pennsylvania · 1911