State Hospital for Criminal Insane v. Consolidated Water Supply Co.

Citations

• 267 Pa. 29
• 110 A. 281
• 1920 Pa. LEXIS 805

Syllabus

<p>Res adjudicada — Public policy — Case stated — Relevant facts and issues — Judicially ascertained — Maxims—Interest reipublicm ut sit finis litium — Law and equity.</p> <p>1. A formal judicial determination of a governing point at issue in a case-stated is conclusive between the parties.</p> <p>2. A ease-stated, being in the nature of a special verdict, is a judicial ascertainment of facts, which, after affirmance of a judgment thereon, is conclusive between the parties to the suit, on the doctrine of “interest reipublicse ut sit finis litium.” This is equally true of all relevant facts and issues directly connected with the subject-matter of a litigation which might properly have been offered in the prior suit; but only such facts and issues, embraced in the case-stated, as have been acted upon, in the sense that they may be said to be “judicially ascertained” or determined, can be held res adjudicata in a subsequent litigation between the same parties, over the same subject-matter.</p> <p>3. The purpose underlying res adjudicata is more than to serve simply the interest of one who may see fit to invoke the rule; it is a measure of public policy based on the principle that the general welfare requires litigation not to be interminable.</p> <p>4. The courts, for the economy of time belonging to all litigants, will not consider a point which has already been adjudicated between the same parties; and the circumstance that the first suit was at law and the next in equity is not material in the application of this rule.</p> <p>Bes adjudicata — Appeals—Bight of appellee to raise question of res adjudicata on appeal — Failure to except no bar — Stare decisis— Property right — Prior decision of subordinate appellate court.</p> <p>5. If the facts found by a chancellor show that a controlling point in the case had been judicially determined in previous litigation under such circumstances as to make that particular point or issue res adjudicata, where the court below, alth