McCullough v. Dashiell

Citations

• 85 Va. 37
• 6 S.E. 610
• 1888 Va. LEXIS 7

Syllabus

<p>1. Res Judicata&emdash;Married women parties.&emdash;All questions involved in an appeal are finally adjudicated, whether distinctly raised and passed on below and here, or not; and a married woman, when she is a party, is bound by the proceedings in court.</p> <p>2. Idem&emdash;Case at bar.&emdash;Husband filed his bill to enjoin sale of land conveyed in trust by himself and wife. Later, the circuit court decreed that wife be made a party. She attempted to unite in the amended bill as co-plaintiff by suing by her next friend ; but the court decided that she should sue simply as a co-plaintiff with her husband. From this decision she did not appeal. But from the final decree the defen- . dant did appeal, and the decree was reversed. Thereupon, she, by her next friend, filed her bill for an injunction to the sale of said land on the same ground which had been set up in the former bill;</p> <p>Held :</p> <p>She was a party jointly with her husband in the former suit; and, though a married woman, she is bound by the final decree of this court therein; and the matters set forth in the second bill were res judicata.</p>