Little Bros. v. Barlow

Citations

• 37 Fla. 232

Syllabus

<p>FORMER ADJUDICATION UNDER PLEA OF GENERAL ISSUE MAY BE SHOWN IN PROOF WITHOUT SPECIAL PLEA—PROOF OF AND ITS EFFECT.</p> <p>1. A former recovery may be shown in evidence, under a plea of the general issue, as well as pleaded in bar. When successfully pleaded, it is conclusive upon the parties. If the evidence offered, under a plea of the general issue, to support the contention of res judicata shows that the same subject-matter has already been litigated and. adjudicated between the parties by the final judgment of a court of competent jurisdiction, it is as conclusive a bar to any further recovery as though it had been urged by special plea in bar.</p> <p>2. If the matter in issue in the former suit does not appear upon the record offered as evidence of such former adjudication, it may be shown by extrinsic evidence.</p> <p>8. In order to sustain the contention of res judicata, the complete record in the former suit, including the judgment therein, should be produced, and not incomplete or detached portions thereof.</p>