Former Recovery
Defined in 3 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
A recovery In a former action. See "Former Adjudication." FORMIDO PERICULI (Lat.) Pear of danger. 1 Kent, Comm. 23; Huber de Jur. Civ. lib. 3, c. 7, § 4.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
A recovery In a former action. The term former adjudication is sometimes, though infrequently, used. It is a general rule that in a real or personal action a judgment unreversed, whether it be by confession, verdict, or demurrer, is a perpetual bar, and may be pleaded to any new action of the same or a like nature, for the same cause; Bacon, Abr. Pleas (I 12, n. 2); 6 Co. 7; Hob. 4, 6. between the parties, when the defendant omits to set off his counter-demand, he may recover in a cross action. Second, when the defendant in ejectment neglects to bring forward his title, he may avail himself of a new suit; Le Guen v. Gouverneur, 1 Johns. Cas. (N. T.) 492, 602, 610, 1 Am. Dec. 121. It is evident that in these cases the cause of the second action is not the same as that of the first, and, therefore, a former recovery cannot be pleaded. In real actions, one is not a bar to an action of a higher nature; 6 Co. 7. See Kent v. Kent, 2 Mass. 338; Res Judicata.