Ætna Life Insurance v. Board of Com'rs

Citations

• 117 F. 82
• 54 C.C.A. 468
• 1902 U.S. App. LEXIS 4408

Syllabus

<p>1. Res Judicata—'Whebe Parties, Defenses, and Issues are Same, Causes Different, and Finding General.</p> <p>A former judgment, based upon a general finding for the defendant, which does not disclose which one of several defenses therein was sustained, constitutes an estoppel of the plaintiff therein from maintaining a second action between the same parties upon different causes of action in which the same defenses are interposed and the same issues are presented that were made in the earlier action, unless he makes it appear by pleading or proof that some new and determining issue or matter is involved in the second action that was not, or may not have been, litigated or decided in the first.</p> <p>2. Same—Immaterial which of Several Defenses was Sustained in First Action where no New Determining Matter is Presented in Second.</p> <p>Where the same issues are made and the same defenses are interposed in both actions, and there is no pleading or proof that any new determining issue, matter, or right is involved in the second action, it is not material upon which defense or issue the former judgment was based, because an opposite judgment cannot be rendered without re-litigating at least one defense and issue determined in the former action, and overruling the decision upon it there rendered.</p> <p>8. Same—Where Material Issue in Second Action Mat not Have been Litigated or Decided in First, it is not Res Adjudicata.</p> <p>Where the record is such that there is or may be a material issue or matter that may not have been raised, litigated, and decided in the former action, the judgment therein does not constitute an estoppel, unless by pleading or proof the party asserting it establishes the fact that the issue, right, or matter in question was actually and necessarily litigated and determined in the former action.</p> <p>4. Same—Judgment on Different Cause of Action.</p> <p>When the second suit is upon a different cause of action, but between the same parties a