Whitaker v. Johnson County
Supreme Court of Iowa
Appeal from Johnson District Gourt. Bkieely, the facts of this case are as follows: Plaintiff sues upon certain coupons attached to bonds issued by the County of Johnson, to aid in the construction of the Lyons Iowa Central Railroad. Among other pleas, it is averred: 1st. That the County never executed the coupons, &c. 2d. That they were obtained by fraud; 3d. That the consideration had failed; of all which plaintiff had notice before his purchase.
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Appeal from Johnson District Gourt. Bkieely, the facts of this case are as follows: Plaintiff sues upon certain coupons attached to bonds issued by the County of Johnson, to aid in the construction of the Lyons Iowa Central Railroad. Among other pleas, it is averred: 1st. That the County never executed the coupons, &c. 2d. That they were obtained by fraud; 3d. That the consideration had failed; of all which plaintiff had notice before his purchase. Plaintiff replied, that he had brought another suit upon other coupons issued for the same purpose, at the same time, by the County, to which the…
1Opinion of the CourtWright, J.
The question presented is, whether the former adjudication is a bar to the defenses stated in the defendant’s answer to the present action.
Upon principle and authority we think it is, and that the court erred in sustaining the demurrer.
The estoppel of a judgment extends to the whole matter in dispute in the cause in which it is rendered, and therefore to every point decided between the parties in the coui'se of the proceedings which led to the judgment. The judgment itself is sometimes said to operate as a bar, and the decision of a particular issue as an estoppel; but the conclu*597sive effect…
2Cases cited7 opinions
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Burt v. SternburghNew York Supreme Court · 1825
- Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Vanlandingham v. RyanIllinois Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of Davenport v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874
- Goodenow v. LitchfieldSupreme Court of Iowa · 1882
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
- Hogle v. SmithSupreme Court of Iowa · 1907
- Kunkel v. Eastern Iowa L. P. Co-Op.Supreme Court of Iowa · 1942
10 more not listed; retrieve them via the Exa API.