Lyon v. Perin & Gafe Manufacturing Co.

Citations

• 125 U.S. 698
• 8 S. Ct. 1024
• 31 L. Ed. 839
• 1888 U.S. LEXIS 1958

Syllabus

<p>A final decree in a suit in Equity that “ the cause being submitted to the court upon bill, answer and replication, and having been duly considered, the court finds, adjudges and decrees that the equities are with the defendant” and dismissing the bill, is an adjudication on the merits of the controversy and constitutes a bar to further litigation on the same subject between the parties; and it is not open to the complainant to show in a subsequent suit in equity between the same parties, on the' same cause of action, that the decree was made in his absence and default, and that no proof had been filed in the cause on either side.</p>