Moore v. Williams

Citations

• 132 Ill. 589
• 24 N.E. 619

Syllabus

<p>1. Former adjudication—as to what matters conclusive — different form of prior proceeding. A prior adjudication of the same subject matter between the same parties, although in a different mode of. proceeding, operates as an ástoppel upon the parties against subsequent litigation, at least as to all matters that were actually in controversy •and decided.</p> <p>2. Same—title settled in equity—as a bar to ejectment. Where a party, by bill in equity, has his title to land established, and is put in possession by a writ of possession of the land sued for in ejectment, he can not complain that judgment is refused in the action at law in Ms favor.</p> <p>3. Same—effect of an appeal. An appeal from a decree does not destroy its operation as a former adjudication. It does not vacate the decree, but simply suspends its execution. It leaves the decree in full force as a merger of the cause of action, and a bar to further litigation.</p>