Miller v. Bulkley

Decided November 15, 1904

Mississippi Supreme Court · decided 1904-11-15

From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Miller, tlie appellant, was plaintiff in the court below; Bulkley, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. In August, 1902, plaintiff ordered an automobile from defendant, the price of which was $425, of which $100 was paid.

Cited by 2 later decisions — most recently May 1932

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

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Truly., J.,

¶1delivered the opinion of the court.

¶2The judgment of the court in sustaining the plea of res judicata, as presented by the record, was manifestly correct. The identical question arising upon the same contract had already been adjudicated in another suit between the same parties, in the same tribunal, at a previous term; and the judgment in the former suit, which was adverse to the appellant, had been satisfied and paid. Every element necessary to constitute a prior adjudication exists in this record.. This is conclusive against the appellant. The contention of appellant that an issue of fact necessitating a submission to the jury was raised by his replication to the plea of res adjudicaba filed by the appellee is untenable, and does violence to well-established rules of pleading. The plea of res adjudicaba must be tried by, and decided solely upon, the record as presented.

¶3Affirmed.