Kennedy v. Scovil
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought in August, 1838, for an account of water used by the defendants, beyond the proportion to which they were entitled. The situation of the water in question and of the manufac-tories of the parties to which it was applied, appears from the report of the former case of Kennedy & al. v. Scovil & al. 12 Conn.
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IN ERROR. This was a bill in chancery, brought in August, 1838, for an account of water used by the defendants, beyond the proportion to which they were entitled. The situation of the water in question and of the manufac-tories of the parties to which it was applied, appears from the report of the former case of Kennedy & al. v. Scovil & al. 12 Conn. Rep. 318. At the term of the superior court held at Middletown, in February, 1839, the parties appeared, and admitted, that the plaintiffs and the defendants were owners and possessors, as tenants in common, in the proportions specified in the…
1Opinion of the CourtStorrs, J.
The only question before us, is, whether the record exhibited on the hearing before the committee, was admissible and conclusive evidence of the matters which it was offered to prove.
With regard to the effect of judgments in former suits, the general rule, as laid down in the treatises on evidence, and supported by the cases, is, that no matter, once litigated and determined, by proper authority, shall, a second time, be brought into controversy between the same parties ; and therefore, the judgment of a court of concurrent jurisdiction, directly upon the point, is, when pleaded in bar, in…
2Cases cited6 opinions
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Coit v. TracySupreme Court of Connecticut · 1830
- Church v. LeavenworthSupreme Court of Connecticut · 1810
- Camp v. BatesSupreme Court of Connecticut · 1835
- Kennedy v. ScovilSupreme Court of Connecticut · 1837
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3Cited by6 opinions
- Ruocco v. LogioccoSupreme Court of Connecticut · 1926
- Schofield v. RideoutWisconsin Supreme Court · 1940
- Badger v. BadgerU.S. Circuit Court for the District of Massachusetts · 1859
- Lord v. Town of LitchfieldSupreme Court of Connecticut · 1869
- Geary v. City of New HavenSupreme Court of Connecticut · 1903
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