Hickman v. Town of Fletcher

Citations

• 195 F. 907
• 115 C.C.A. 595
• 1912 U.S. App. LEXIS 1442

Syllabus

<p>1. Judgment (§ 720*)—Res Judicata—Identity or Issues.</p> <p>Where, in an action on coupons taken from municipal bonds, defendant pleaded as a defense that the bonds were void because the ordinance under which they were issued was not published as required by the statutes of the state, and such issue was specifically considered and determined by both the trial and appellate courts which held the bonds valid, the judgment in such action is conclusive in a. subsequent action between the same parties on the bonds themselves, or on subsequent maturing coupons.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. § 1251; Dee. Dig. § 720.*]</p> <p>2. Judgment (§ 720*) — Conclusiveness oe Adjudication — Matters Concluded.</p> <p>A question or fact distinctly put in issue and directly determined by a court of competent jurisdiction as a ground of recovery or defense cannot be disputed in a subsequent suit between the same parties or their privies; and, even if the second suit is upon a different cause of action, the right, question, or fact so determined must, as between the parties or their privies, be taken as c.onclusively established, so long as the judgment remains unmodified.</p> <p>[Ed. Note.—Eor other cases, see Judgment, Cent. Dig. § 1251; Dec. Dig. § 720.*]</p>