United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Parker, 120 U.S. 89 (1887)

United States v. Parker

Argued January 3, 1887

Decided January 24, 1887

120 U.S. 89

Syllabus

A judgment entered upon motion of defendant's attorney of record that

"it appearing that the subject matter in this suit has been adjusted and settled by the parties, it is therefore ordered that this case be, and the same is, hereby dismissed,"

is a judgment on the merits, final in form and nature, and is a bar to a subsequent suit against the defendant for the same cause of action. This rule also prevails in Nevada by statute. Gen.Stat.Nevada 1885, § 3173.

The difference between a retraxit and a nonsuit pointed out.

As pleadings in Nevada are required to be construed in a sense to support the cause of action or defense, and as facts in the record not fully set forth in defendant's plea clearly show that the cause of action sued on in this case is the cause of action in the judgment pleaded in bar, held that the defendant's plea sufficiently avers all the facts necessary to constitute the former judgment a bar to this action.