Fowler v. Stebbins

Citations

• 136 F. 365
• 69 C.C.A. 209
• 1905 U.S. App. LEXIS 4465

Syllabus

<p>1. Res Adjudicata — Identity oe Names — Evidence of Identity of Parties.</p> <p>Identity, of parties is as essential to the estoppel of res adjudicata as identity of causes of action.</p> <p>[Ed. Note. — For cases in point, see vol. 30, Cent. Dig. Judgment, § 1080.]</p> <p>Identity of names is presumptive, but it is not conclusive evidence of identity of persons.</p> <p>[Ed. Note. — For eases in point, see vol. 30, Cent.' Dig. Judgment, § 1819.]</p> <p>2. Same — Descriptions in Record to Identify Parties.</p> <p>Where the pleading upon which a judgment or decree is based discloses the fact that there were two persons with the same name who may be identified by their descriptions in the pleading, and that one of these persons was made a party to the suit, and the other was not, the latter may exempt himself from the estoppel of the decree by applying to himself by competent evidence the description in the pleading.</p> <p>(Syllabus by the Court.)</p>