· 12/11/1987
Wursthaus, Inc. v. Cerreta
Citations
- 539 A.2d 534
- 149 Vt. 54
- 1987 Vt. LEXIS 584
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that under long established precedent, foreign judgment \is entitled to full faith and credit in the absence of a showing that that court lacked jurisdiction or acted to deprive defendant of a reasonable opportunity to be heard\
- noting in action to enforce a Massachusetts money judgment that res judicata prevents a party from “defend[ing] upon the original merits” in the enforcement action
- affirming state trial court’s decision to construe a counterclaim as an affirmative defense under V.R.C.P. 8(c), which is nearly identical to Fed.R.Civ.P. 8(c)(2)
- res judicata bars those claims previously litigated or those claims which should have been raised before
- “A failure to plead a compulsory counterclaim will result in the barring of litigation of the claim in a subsequent proceeding.”
- \The burden of undermining the decree of a sister state rests heavily upon the one who assails such decree.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Allen, Hill, Peck, Gibson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.