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· 9/15/1893

Cudd v. Williams

Citations

  • 39 S.C. 452
  • 18 S.E. 3
  • 1893 S.C. LEXIS 153

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding res judicata barred subsequent complaint premised on same note and mortgage
  • holding res judicata barred subsequent complaint premised on same note and mortgage
  • reviewing Ohio cases in which successive foreclosure suits were not barred by res judicata because subsequent suits were different claims due to changes in the underlying agreement or reinstatement following default
  • “However, all of the claims in all of the complaints filed by U.S. Bank against Gullotta arise from the same note, the same mortgage, and the same default.”
  • similarly where the Supreme Court of Ohio mentioned the issue in dicta in a decision apparently limited to its facts and which, again contrary tó Singleton, confirmed that there each missed installment payment does not yield a new claim
  • similarly where the Supreme Court of Ohio mentioned the issue in dicta in a decision apparently limited to its facts and which, again contrary to Singleton, confirmed that there each missed installment payment does not yield a new claim

Source: CourtListener parenthetical corpus (CC0).

Judges: McGowan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.