Bowers' Estate
Supreme Court of Pennsylvania
Appeal, No. 144, Jan. T., 1912, by Frederick Stephan, from decree of O. C. Berks Co., May T., 1910, No. 25, dismissing exceptions to adjudication in Estate of Sarah A. Bower, deceased. Exceptions to adjudication. Before Bland, P. J. The opinion of the Supreme Court states the case. Error assigned was the action of the court in dismissing exceptions to the adjudication:
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
A cause of action once finally determined, without *390appeal, between the parties, on the merits, by any competent tribunal, cannot afterwards be litigated by new proceedings either before the same or any other tribunal. This is a rule dictated- by a public policy which demands that when a fact has been judicially and finally determined between the same parties, contention with respect thereto must cease. The rule applies with the same strictness where the cause of action, while not technically the same, is nevertheless so related to the cause in the prior…
2Cases cited1 opinion
- Stirk's EstateSupreme Court of Pennsylvania · 1911
3Cited by25 opinions
- Wallace's EstateSupreme Court of Pennsylvania · 1934
- Hochman v. Mortgage Finance Corp.Supreme Court of Pennsylvania · 1927
- Kellerman's EstateSupreme Court of Pennsylvania · 1913
- Overholt Et Ux. v. Reliance Ins. Co.Supreme Court of Pennsylvania · 1935
- Fine v. SoiferSupreme Court of Pennsylvania · 1926
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