Pennebaker v. Parker

Citations

• 33 Pa. Super. 458
• 1907 Pa. Super. LEXIS 320

Syllabus

<p>' Res adjudicata — Parties—Cause of action — Evidence—Parol evidence.</p> <p>In order to make a matter res adjudicata, there must be a concurrence of the four conditions following: (1) Identity in the thing sued for; (2) identity of the cause of action; (3) identity of persons and of parties to the action; (4) identity of the quality in the persons for or against whom the claim is made.</p> <p>Whenever a judgment in a former case is relied on as conclusive in another, it may be shown by evidence aliunde, not inconsistent with the record, that the particular point was not adjudicated, if in law judgment could have been rendered on any other.</p> <p>Where the record of a judgment of a justice of the peace shows an entry of judgment for one of two items of claim presented, and that there had been a dispute about the other, and a second suit is brought for the disputed items, but another person is added as an additional party defendant, parol evidence is admissible to show that the claim in question had been presented in the first suit but withdrawn, and had not in fact been adjudicated.</p>