Radford v. Myers

Citations

• 231 U.S. 725
• 34 S. Ct. 249
• 58 L. Ed. 454
• 1914 U.S. LEXIS 1448

Syllabus

<p>Whether due effect was given by the state court to a judgment rendered in the Circuit Court of the United States presents a Federal question which gives this court jurisdiction to review the judgment of the state court, and to determine the question this court will examine the judgment in the Federal court, the pleadings and the issues and, if necessary, the opinion rendered.</p> <p>Where the suit in which the former judgment is set up is not upon the identical cause of action the estoppel operates only as to matters in issue or points controverted and actually decided in the former suit.</p> <p>Judgments become estoppels because they affect matters upon which the parties have been heard, but are not conclusive upon matters not in question or immaterial. Reynolds v. Stockton, 140 U. S. 254.</p> <p>In a suit in which two of the parties successfully unite in asking the court to award the fund to one of them against a third party claiming it under an assignment, the judgment is not, as between the two so uniting, res judicata so that the one to whom it is awarded is not obligated to account therefor to the other under an agreement so to do. if the record does not show that such question was also at issue and determined.</p>