Burns v. Hodgdon
JOSEPH BURNS v. WADSWORTH HODGDON
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Ross, J.
This case comes up upon the judgment roll. The point made for the defendant is that the plaintiffs are concluded by the judgment rendered in a certain action entitled Hodgdon v. Griffin et al.
As conclusive against the defendant on this point, it is suffi *73 cient to refer to the sixth finding of the court below, which reads: “The right, title, and claim now set up by the plaintiffs herein are not the same which were tried and determined in said suit brought by said Hodgdon, but the plaintiffs here have title in fee to said premises, and a right to the possession thereof, which were not tried nor determined, nor within any of the issues involved in said suit brought by Wadsworth Hodgdon.”
Judgment affirmed.
McKinstby, J., and McKee, J., concurred.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.