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Jones v. Morgan

Citations

  • 59 Fla. 542

Syllabus

<p>Former Adjudication—What Matters Precluded By.</p> <p>:i. The plea of res judicata applies to every objection urged in a second suit, when the objection was open to the party within the legitimate scope of the pleadings of the former one and might have been presented in it.</p> <p>2. In an action upon the same claim or demand the former adjudication concludes parties and privies not only as to every matter offered and received to sustain or defeat the claim, but also as to every matter which might and should have been litigated in the first suit.</p>

Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield

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