Sauls v. Sherrick
Supreme Court of Arkansas
Appeal from G-arland 'Chancery Court; J. P. Henderson, Chancellor; 1. The plea of res adjudicate/, should have been sustained. The plaintiff was not only estopped, but this suit was barred by the judgment in the attachment suit, which though prematurely brought, was a trial and judgment on the merits of the cause as well as on the attachment ■branch.
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Appeal from G-arland 'Chancery Court; J. P. Henderson, Chancellor; 1. The plea of res adjudicate/, should have been sustained. The plaintiff was not only estopped, but this suit was barred by the judgment in the attachment suit, which though prematurely brought, was a trial and judgment on the merits of the cause as well as on the attachment ■branch. The whole matter was adjudicated and the former suit is a complete bar. 74 Ark. 625; 94 Id. 519; 100 Id. 69; 23 Cyc. 1074,1151; 102 Iowa, 112; 47 L. R. A. 709. 2. Where the court has jurisdiction of the parties and subject-matter, a judgment…
1Opinion of the CourtHart, J.
On the 15th day of June, 1914, this action was instituted in the chancery court by Joseph Sherrick against Hus Hauls. The complaint states that on the 13th day of December, 1913, the defendant, Hus Sauls, executed and delivered to the plaintiff, Joseph Sherrick, a promissory note for $350 due six months after date; that the consideration of said note was a half interest in an automobile which had been sold by the plaintiff .to the defendant; that the sale was made on condition that the title to the automobile should remain in the vendor until paid for.
The defendant filed an answer, denying…
2Cases cited3 opinions
- Cooper v. McCoySupreme Court of Arkansas · 1915
- McCombs v. WallSupreme Court of Arkansas · 1899
- Kraft v. MooreSupreme Court of Arkansas · 1905
3Cited by6 opinions
- Hastings v. Rose CourtsSupreme Court of Arkansas · 1963
- Hatch v. Scott, Admx.Supreme Court of Arkansas · 1946
- Quisenberry v. DavisSupreme Court of Arkansas · 1918
- Daugherty v. MerrifieldSupreme Court of Arkansas · 1935
- Wallis v. Magnet Cove Rural Special School DistrictSupreme Court of Arkansas · 1929
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