Haas v. Taylor
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before lion. Jno. P. Hubbard. This was an action of trover by Frank Gr. Taylor against J. C. Haas to recover damages for the alleged conversion of fifty bushels of cotton seed.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before lion. Jno. P. Hubbard. This was an action of trover by Frank Gr. Taylor against J. C. Haas to recover damages for the alleged conversion of fifty bushels of cotton seed. On the trial, as shown by the record, the defendant pleaded the general issue and a special plea, averring, in substance: that in a former suit between the parties, in which Haas was plaintiff and Taylor defendant, and which was tried and determined at the December Term, 1884, of the Circuit Court of Montgomery county, before the Hon. James E. Cobb, the said Taylor,…
1Opinion of the CourtStone, C. J.
The general rule is, that an issue formed before a court having jurisdiction of the subject-matter and parties, and decided by such court on the merits, is, so long as the decision remains unreversed, a eonelusiye determination of the controversy or title involved between the parties to the suit, and their privies in blood or estate. And such former determination may be pleaded in bar, or, in many cases, proved on the trial, without special pleading. It is a bar, not alone as to the matters directly presented on the face of the record. It goes further, and determines every inquiry necessarily…
2Cases cited9 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Perkins v. MooreSupreme Court of Alabama · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gulf American Fire and Casualty Co. v. JohnsonSupreme Court of Alabama · 1968
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Ridgely Operating Co. v. WhiteSupreme Court of Alabama · 1933
17 more not listed; retrieve them via the Exa API.