Res Judicata — Cyclopedic (1922) Law Dictionary

A legal or equitable Issue which has been decided by a court of competent jurisdiction. To constitute a matter res judicata, so that, in a subsequent action, it cannot be drawn in question, (1) the court deciding the issue must have had jurisdiction (10 Pet. [U. S.] 474); (2) there must be identity of the subject matter of the action (7 Johns. [N. Y.] 20); (3) identity of the cause of action (8 Conn. 268; 3 Pick. [Mass.] 429), though the form of action may be different if it be of the same general class, or if the remedies be concurrent (12 Gray [Mass.] 428; 28 Minn. 450; 82 Ky. 505); (4) identity of parties (4 Mass. 441; 5 Me. 410; 23 Barb. [N. Y.] 464), but privies of the parties are bou^d (see "Privy;" 52 N. H. 162; 98 N. Y. 351); (5) identity of capacity in which they sue or are sued (4 C. B. 884; 21 Ala. 813); (6) and there must have been a final determination of the issues (143 Mass. 413; 104 111. 369); (7) on the merits (91 U. S. adjudication is final upon every matter which might have been litigated under the issues made (102 N. Y. 452). —

In Proceedings In Rem

Identity of parties is not essential, the adjudication attaching to the res.

See 1 Mete. (Mass.) 204.

RES JUDICATA FACIT EX ALBO Nigrum, ex nigro album, ex curvo rectum, ex recto curvum. A thing adjudged makes white, black; black, white; the crooked, straight; the straight, crooked.

1 Bouv. Inst, note 840.

RES JUDICATA PRO VERITATE ACCIpitur

A thing adjudged must be taken for truth.

Co. Litt. 103; Dig. 50. 17. 207: 2 Kent, Comm. 120; 13 Mees. & W. C79.

See "Res Judicata." RES MANCIPI (Lat.) In Roman law. Those things which might be sold and alienated, or of which the property might be transferred from one person to another. The division of things into res mancipi and res nee mancipi was one of ancient origin, and it continued to a late period in the empire. Res mancipi (Ulph. Frag. xix.) are praedia in italico solo, both rustic and urban; also, jura rusticorum praediorum or servitutes, as via, iter, aquaeductus; also slaves, and four-footed animals, as oxen, horses, etc., gwoe collo dorsove domantur. Smith. To this list may be added children of Roman parents, who were, according to the old law, res mancipi. The distinction between res mancipi and nee mancipi was abolished by Justinian in his Code. Id.; Cooper, Inst. 442.