McDonald & Co. v. Gregory
Supreme Court of Iowa
Appeal from Tama District Gourt. The plaintiffs filed tbeir petition claiming of appellants, and one Jeremiah Hankins the sum of $313.13, and the.further sum of $60.00 attorneys’ fees, as money due on four promissory notes executed by appellants and Hankins, payable to the order of plaintiffs.
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Appeal from Tama District Gourt. The plaintiffs filed tbeir petition claiming of appellants, and one Jeremiah Hankins the sum of $313.13, and the.further sum of $60.00 attorneys’ fees, as money due on four promissory notes executed by appellants and Hankins, payable to the order of plaintiffs. The appellants and Hankins filed their answer admitting, the execution of the notes, and alleging that they were given to plaintiffs in part consideration of a threshing machine sold by plaintiffs to defendant, Gregory, and one Geo. W. Snyder.) That appellant Lowe and said Hankins signed the note only'…
1Opinion of the Court
Day, J. —
i. estoppel: d°oationtrt;,u" panies. The overruling of the demurrer was clearly error, judgment of a court operates as an estoppel only wken the subsequent litigation is between substantially the same parties or their privies. Upon any other principle a party would be bound by the results of a liti*516gation to which he was not a party and in which he had no, interest, a. doctrine which is repugnant to every established, principle of law and justice. The term privity means mutual or successive relationship to the same rights of property. The executor is in privity with the testator, the…
2Cases cited2 opinions
- Myers v. County of JohnsonSupreme Court of Iowa · 1862
- Taylor v. W. & A. ChambersSupreme Court of Iowa · 1855
3Cited by22 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- Marion Mortgate Co. v. GrennanSupreme Court of Florida · 1932
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Hawkeye Life Insurance v. Valley-Des Moines Co.Supreme Court of Iowa · 1935
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