Summary
The case concerns whether a prior judgment barred a second action challenging the jurisdiction of county commissioners. The court held that the issue of jurisdiction was already determined and cannot be relitigated.
Topics
Practice areas
Questions Presented
- Whether the prior judgment in Burgett v. Parker barred the current action under res judicata.
Holdings
- The prior judgment is a bar because the same issue of jurisdiction was already determined, and a party cannot re-litigate the same cause of action by alleging different facts.
Key quotations
“It is not allowable to allege certain facts as a cause of action and after judgment on the merits, to allege a different state of facts to support a demand for the same relief.” (143)
Factual background
Plaintiffs sought to enjoin the collection of an assessment for a road improvement, claiming the county commissioners lacked jurisdiction because the petition was not signed by a majority of landowners. Defendants raised res judicata based on a prior action in 1871 that had already determined the commissioners had jurisdiction.
Procedural history
Plaintiffs brought an action in common pleas to enjoin the collection of a road improvement assessment, alleging the county commissioners lacked jurisdiction. Defendants raised res judicata based on a prior 1871 action. The trial court found for defendants, and on appeal the district court affirmed. Plaintiffs then brought error proceedings to the Supreme Court.