Martin v. Evans

Citations

• 85 Md. 8
• 36 L.R.A. 218
• 36 A. 258
• 1897 Md. LEXIS 22

Syllabus

<p>Bes Adjudicata — When Dismissal of a Bill in Equity is a Bar to Subsequent Litigation on the Same Subject — Absolute or Qiialified Dismissal of Bill — Effective Decree.</p> <p>Whenever a decree dismissing a bill in equity fails to restrict its own scope, the presumption is that the issues raised by the proceedings had been disposed of on their merits, and they therefore become res adjudicata.</p> <p>The broad terms of a decree dismissing a bill in equity cannot be limited by the opinion of the Court filed in the cause. The decree, and not the opinion, is the instrument with which the Court acts.</p> <p>Plaintiff sued in trover to recover the value of certain coupon bonds alleged to have been converted by defendant’s intestate. Defendants pleaded res adjudicata, and set forth the proceedings in an equity case previously instituted by the plaintiff to recover the same bonds. That bill was dismissed in absolute terms after a hearing. Plaintiff alleged that the bill was dismissed upon the ground that the Court had no jurisdiction because the remedy at law was ample. The opinion of the Equity Court was against the plaintiff on the merits, but also stated that a bill in equity could not have been maintained, even if the plaintiff’s title had been made out. Held, that since there are no qualifying words in the decretal order dismissing the bill, to warrant the inference that the merits of the case were not finally adjudicated, or indicating that the dismissal was founded on purely technical grounds, the order of dismissal must be taken to be a final determination of the controversy and a bar to this action.</p>