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35 Barb. 213

13 Abb.Pr. 369

Tyler v. Willis

New York Supreme Court

Decided September 15, 1861

New York Supreme Court · decided 1861-09-15

On the 30th of March, 1858, prior to the bringing of this present action, the plaintiff Tyler, as-receiver of Whitney, commenced two other actions in this court against the defendant Willis.

Cited by 2 later decisions — most recently July 1878

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-09-15

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By the Court.*

¶1—A judgment docketed or .enrolled is res judicata, as to the matter in controversy, until reversed or vacated.

¶2In an equity action for an account, sums received by the accounting party after'the commencement of the action may be included in the account taken; but in case those sums are not included, the party entitled to them is not precluded from commencing another' action to recover the sums not included in the former accounting.

¶3The judge at special term having consolidated two former actions, and precluded thereby the giving evidence of the receipts of money subsequent to the commencement of those actions, and that order having been acquiesced in by the parties, the case here is relieved from the difficulty that might have otherwise arisen.

¶4Judgment for the plaintiff on the .verdict," with costs.

¶5 Present, Glerke, P. J., Ingraham and Leonard, JJ.

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