Farmers' Equity Exchange v. Blum
North Dakota Supreme Court
Appeal from the District Court of Hettinger County, W. C. •Crawford, J. A fact or question which was actually and directly in issue in a former suit and was there judicially passed upon, is conclusively settled 'by the judgment therein so far as concerns the parties to that action .and persons in privity with them. 23 Cyc. 215. To constitute a judgment an estoppel, there must be an identity of parties and subject-matter. 23 Cyc. 1237, 1240; A. T. Albro Co. v. Fountain, 15…
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Appeal from the District Court of Hettinger County, W. C. •Crawford, J. A fact or question which was actually and directly in issue in a former suit and was there judicially passed upon, is conclusively settled 'by the judgment therein so far as concerns the parties to that action .and persons in privity with them. 23 Cyc. 215. To constitute a judgment an estoppel, there must be an identity of parties and subject-matter. 23 Cyc. 1237, 1240; A. T. Albro Co. v. Fountain, 15 App. Div. 351, 44 N. T. Supp. 150; Knickerbocker v. Worthing, 138 Mich. 224, 101 N. W. 540; Nelson v. Illinois K. Co. 08…
1Opinion of the CourtBibdzeli., J.
This is an appeal from a judgment in favor of the plaintiff, and from an order denying a motion for a new trial, in an .action brought to. recover damages occasioned by a sale to the plaintiff by the defendant of certain grain, for the conversion of which the plaintiff was subsequently held liable in damages at the suit of one ■Charles H. Stoffel. It appears that Stoffel entered into a contract *88•with one George Doerner, in November, 1910, to sell to him the northeast quarter of section 21, township 136, range 96, upon a combined money consideration and crop payment plan. It was stipulated in…
2Cases cited1 opinion
- American Mortgage Co. v. Mouse River Live Stock Co.North Dakota Supreme Court · 1901