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Civil Procedure - Judgments - Exceptions To The Rule Of Res Judicata, William A. Bain, Jr., S.Ed.
Civil Procedure - Judgments - Exceptions To The Rule Of Res Judicata, William A. Bain, Jr., S.Ed.
Michigan Law Review
A land contract provided for a conveyance to Pearson from Adams and his wife. The wife was not a party to the contract and refused to execute the deed. Pearson sought specific performance requesting relief of a type not then available in Illinois and when asked if he would accept a deed from Adams alone, he refused. The action was dismissed. Adams then brought this action in ejectment and Pearson counterclaimed requesting a deed executed by Adams alone. The trial court found that the judgment in the previous action was res judicata as to the counterclaim. On appeal, held, …
Civil Procedure - Judgments - Res Judicata Effect Of Declaratory Judgments, Robert G. Russell S.Ed..
Civil Procedure - Judgments - Res Judicata Effect Of Declaratory Judgments, Robert G. Russell S.Ed..
Michigan Law Review
In a former action brought pursuant to the Colorado Declaratory Judgment Act, plaintiff was declared to have the right to use a certain roadway as dedicated and defendant was enjoined from interfering with or obstructing plaintiff's use of the same. Thereafter, plaintiff brought the present action to recover damages allegedly resulting from defendant's blockading of the road prior to the bringing of the former action. On appeal from a judgment for plaintiff, held, reversed. Where, as here, the damages were antecedent and might with propriety have been determined in the same proceeding in which the declaratory judgment alone was …
Civil Procedure-Jurisdiction-Amount In Controversy In Inferior Court Where Cause Of Action Is Split, John F. Spindler S.Ed.
Civil Procedure-Jurisdiction-Amount In Controversy In Inferior Court Where Cause Of Action Is Split, John F. Spindler S.Ed.
Michigan Law Review
Plaintiff, a manufacturer's agent, sued his employer in the Municipal Court, Civil Division, Washington, D. C. in two separate actions to recover commissions on his contract of employment. The two actions were consolidated for trial. At the trial defendant moved to dismiss for want of jurisdiction on the ground that this was but one cause of action and, while neither of the claims individually exceeded the jurisdictional maximum, the total claimed in both suits did exceed it. The motion to dismiss was denied, and after trial, judgments were entered for plaintiff in both actions. Defendant appealed. The Municipal Court of …