Besecher v. Flory

Citations

• 176 Pa. 23
• 34 A. 926
• 1896 Pa. LEXIS 1034

Syllabus

<p>Res judicata — Record—Justice of the peace — Evidence.</p> <p>In :m action to recover tbe price oi flagstones sold and delivered by plaintiff to defendant, defendant claimed that plaintiff’s claim had been adjudicated in a prior suit before a justice of the peace. The record of the prior suit showed that the claim in this suit was one of the items claimed in that. The evidence showed that it was the only disputed claim on the trial of the first suit. The plaintiff then claimed that he sold the flagstones to the defendant, and the defendant claimed that he bought them from another person. Held, (1) that inasmuch as plaintiff had submitted his claim to the adjudication of the justice of the peace in the first suit, it was res judicata; (2) that the fact that the magistrate misapprehended the effect of the judgment he entered in the first suit furnished no warrant for a judgment for the plaintiff in the second suit.</p>