Wright v. Griffey

Citations

• 147 Ill. 496
• 35 N.E. 732
• 1893 Ill. LEXIS 976

Syllabus

<p>1. Former adjudication—judgment as a bar to a second suit—disiinclion. There is a distinction between the effect of a judgment as a bar or estoppel to the prosecution of a second suit for the same cause of action, and its effect as an estoppel when the same question is again brought in issue in another suit between the same parties upon a different cause of action.</p> <p>2. Same—identity of parties, etc. Where the former adjudication is relied upon as an absolute bar to a subsequent action, it must be shown that the cause of action or thing to be recovered is the same in both proceedings. While the particular form of action may not be important, there must be, as between the two actions, identity of parties, of subject matter and of cause of action, to constitute the first a bar to the second.</p> <p>3. Where, however, some controlling fact or question material to the determination of both of the causes has been adjudicated in the former suit by a court of competent jurisdiction, and the same fact or question is again at issue between the same parties, its adjudication in the first will, if properly presented, be conclusive of the same question in the later suit, irrespective of whether the cause of action is the same in both suits or not.</p> <p>4. This doctrine is limited to matters necessarily involved in the litigation, but it is equally applicable whether the point was, itself, the ultimate vital point, or only incidental, but still necessary to the decision of that point. The joining of a mere nominal party in the second suit will not prevent the prior adjudication from being a bar.</p> <p>5. On bill by A to compel B to assign to him certain shares of stock in a corporation, on the ground that B, the defendant, has no interest in such stock but holds the legal title for A, it appeared that prior to the filing of the bill there was an action at law between A and B, in, which the court necessarily found that the stock did not belong to'A alone, but belonged