Heilner v. Smith
Oregon Supreme Court
From. Baker: Samuel White, Judge. Statement by Mr. Chibe Justice Bean. This is an action by S. A. Heilner, doing business as Heilner Commercial & Commission Company, against John P. Smith and another, doing business as partners under the firm name of John P. Smith & Son, to recover $286.78 for goods, wares and merchandise sold and delivered, cash advanced, and money loaned by plaintiff to the defendants between the 9th day of -June, 1904, and the 27th day of June, 1905. The…
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From. Baker: Samuel White, Judge. Statement by Mr. Chibe Justice Bean. This is an action by S. A. Heilner, doing business as Heilner Commercial & Commission Company, against John P. Smith and another, doing business as partners under the firm name of John P. Smith & Son, to recover $286.78 for goods, wares and merchandise sold and delivered, cash advanced, and money loaned by plaintiff to the defendants between the 9th day of -June, 1904, and the 27th day of June, 1905. The complaint is in the usual form. The defendants answered, denying all the material allegations of the complaint and for a…
1Opinion of the CourtChief Justice Bean
1. It is contended that the matters constituting the cause of action in the present case were all tried and determined in the action of trover brought by Smith against Heilner, and that the judgment therein is a bar to this action. The rule is undisputed that, where an issue has been once litigated and determined in a court of competent jurisdiction, a judgment rendered thereon forever bars and estops the parties or their privies from again litigating the same matter: Glenn v. Savage, 14 Or. 567 (13 Pac. 442); Hall v. Zeller, 17 Or. 381 (21 Pac. 192); Ruckman v. Union Ry. Co. 45 Or. 578 (78…
2Cases cited4 opinions
- Glenn v. SavageOregon Supreme Court · 1887
- Ruckman v. Union Railway Co.Oregon Supreme Court · 1904
- Crafts v. ClarkSupreme Court of Iowa · 1870
- Hall v. Zeller Bros.Oregon Supreme Court · 1889
3Cited by5 opinions
- State of Oregon v. DeweyOregon Supreme Court · 1956
- Taylor v. TaylorOregon Supreme Court · 1909
- Beezley v. City of AstoriaOregon Supreme Court · 1928
- Sloan v. ByersMontana Supreme Court · 1908
- State of Oregon v. DeweyOregon Supreme Court · 1956