Stearns Co. v. Hewes

Citations

• 256 Pa. 577
• 100 A. 1054
• 1917 Pa. LEXIS 662

Syllabus

<p>Actions■ — Former actions — Bes adjudicaia — Equity—Scire facias.</p> <p>1. A judgment of a court of competent jurisdiction upon tbe merits of a question litigated between tbe parties is conclusive in any subsequent controversy directly involving tbe same question and is a defense in any further litigation of the same matter between the same parties. The doctrine of res adjudicata is based upon the principle that there should be an end of litigation and that a cause of action once adjudicated between the parties shall protect the successful party against further vexation in regard to it.</p> <p>2. In a suit in equity to enjoin defendant from obstructing or interfering with the use by plaintiff or the public of an alleged alley, which plaintiff averred was a public alley, where it appeared that the land had been sold to defendant’s predecessor in title in proceedings on a scire facias sur a municipal lien, and that in a subsequent action of ejectment between the same parties or those in privity with them the title had been found to be in defendant, the court properly dismissed the bill, and it was not material that every question sought to be raised by the bill in equity had not been raised in the prior action, where it appeared that such questions could have been raised and decided had the parties so desired.</p>