Landon v. Clark

Citations

• 221 F. 841
• 137 C.C.A. 399
• 1915 U.S. App. LEXIS 1375

Syllabus

<p>1. Judgment <3=720—Res Judicata—Matters Not in Issue.</p> <p>A judgment does not operate as an estoppel as to immaterial or unessential facts, even though put in issue by the pleadings and directly decided; and to render a judgment conclusive in a subsequent action between the same parties or their privies, but on a different cause of action. it must appear by the record of the prior suit that the particular matter sought to be concluded was necessarily tried and determined.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. § 1251; Dec. Dig. <3=720.]</p> <p>2. Judgment <3=747—Res Judicata—Matters Not in Issue.</p> <p>In a suit to enjoin repeated trespasses on a pond, there was a finding that the alleged trespasses were committed only on a particular portion of the pond, and that the title to the land under such portion was in defendant, and there was a decree in his favor. Held, that a further finding defining his boundary on the pond, without reference to such particular portion, was without the issues and irrelevant, and would not support a suit by the defendant or his successor in title against the complainants to quiet title to the portion of the pond within such boundary.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. §§ 1053, 128-4 - 1296; Dec. Dig. <3=747.]</p> <p>3. Judgment <3=951—Matters Concuuded—Evidence.</p> <p>Evidence oí remarks made by a trial judge is not admissible in another suit to show the grounds of his decision.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. §§ 1808-1812; Dec. Dig. <3=951.]</p> <p>or oilier canes see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>