Gilbreath v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Louis Wyeth. This action was brought by John T. Gilbreath, against Kobert A. Jones and Mrs. Delia Jones, to recover damages for the alleged conversion by them, “ on or about the 20th day of June, 1868, of the following chattels, to-wit: two framed buildings or houses, known as ‘Federal Hospital Buildings,’ and one post and plank fence, the property of plaintiffand was commenced on the 3d March, 1874.” At the…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. Louis Wyeth. This action was brought by John T. Gilbreath, against Kobert A. Jones and Mrs. Delia Jones, to recover damages for the alleged conversion by them, “ on or about the 20th day of June, 1868, of the following chattels, to-wit: two framed buildings or houses, known as ‘Federal Hospital Buildings,’ and one post and plank fence, the property of plaintiffand was commenced on the 3d March, 1874.” At the March term, 1875, the death of Mrs. Delia Jones was suggested by the plaintiff, and leave was granted him to revive against…
1Opinion of the CourtStone, J.
In the opinion of the judges, given in the Duchess of Kingston's case (2 Smith’s Lead. Cases, 609 [573],) is the following language, given as the result of the numerous decisions, relative to judgments being given in evidence in civil suits : “That the judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea, a bar, or as evidence conclusive, between the same parties, upon the same matter, directly in question in another court.” It can not be overlooked, that this language lays down a strict rule ; yet, it is supported alike by reason and authority. The parties…
2Cases cited10 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Miller v. Jones' Adm'rSupreme Court of Alabama · 1856
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Freeman v. ScurlockSupreme Court of Alabama · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Sovereign Camp W. O. W. v. GunnSupreme Court of Alabama · 1932
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Ryan v. YoungSupreme Court of Alabama · 1906
- Terrell v. NelsonSupreme Court of Alabama · 1917
28 more not listed; retrieve them via the Exa API.