Evers v. Williams

2 Citing cases

  1. Coach Co. v. Burrell

    85 S.E.2d 688 (N.C. 1955)   Cited 30 times
    Holding that merely being parties on the same side of an action does not create a privity relationship

    The doctrine of res judicata is a principle of universal jurisprudence, forming a part of the legal systems of all civilized nations as an obvious rule of expediency, justice and public tranquillity. Evers v. Williams, 43 Ohio App. 555, 184 N.E. 19. That principle is concisely stated in 30 Am.Jur., Judgments, p. 908: "Briefly stated, the doctrine of res judicata is that an existing final judgment rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions, and facts in issue, as to the parties and their privies, in all other actions in the same or any other judicial tribunal of concurrent jurisdiction." This Court said in Leary v. Land Bank, 215 N.C. 501, 2 S.E.2d 570: "Generally, to constitute a judgment an estoppel there must be identity of parties, of subject matter and of issues.

  2. Brown v. W. L.E. Rd. Co.

    65 N.E.2d 912 (Ohio Ct. App. 1945)   Cited 5 times
    In Brown v. Wheeling Lake Erie Rd. Co., 77 Ohio App. 149, 65 N.E.2d 912, that judgment was reversed by this court for the reason that the parties and the issues were not the same.

    The doctrine that the final adjudication of a cause of action by a court of competent jurisdiction is conclusive on the parties and their privies is inherent in our jurisprudence. This doctrine rests on the ground that, where a party, or one in privity with him, has litigated or has had the opportunity to litigate a demand or cause of action in a court having jurisdiction, he is not permitted to relitigate the same matter. 23 Ohio Jurisprudence, 962, Section 731; 30 American Jurisprudence, 910, Section 165; Vasu v. Kohlers, Inc., 145 Ohio St. 321, 61 N.E.2d 707; Evers v. Williams, Admr., 43 Ohio App. 555, 184 N.E. 19. Furthermore, where an issue of fact has been determined in an action, the parties are precluded from relitigating such particular factual issue in a subsequent action, being estopped by the verdict or finding of fact. 23 Ohio Jurisprudence, 966, Section 733.