Radford v. Myers,
231 U.S. 725 (1914)

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U.S. Supreme Court

Radford v. Myers, 231 U.S. 725 (1914)

Radford v. Myers

No. 251

Submitted December 3, 1913

Decided January 5, 1914

231 U.S. 725


Whether due effect was given by the state court to a judgment rendered in the circuit court of the United States present a federal question which give this Court jurisdiction to review the judgment of the state court, and to determine the question this Court will examine the judgment in the federal court, the pleading and the issue and, if necessary, the opinion rendered.

Where the suit in which the former judgment is set up is not upon the identical cause of action, the estoppel operate only as to matters in issue or points controverted and actually decided in the former suit.

Judgments become estoppels because they affect matters upon which the parties have been heard, but are not conclusive upon matters not in question or immaterial. Reynolds v. Stockton, 140 U. S. 254.

In a suit in which two of the parties successfully unite in asking the court to award the fund to one of them against a third party claiming it under an assignment, the judgment is not, as between the two so uniting, res judicata so that the one to whom it is awarded is not obligated to account therefor to the other under an agreement so to do if the record does not show that such question was also at issue and determined.

167 Mich. 135 affirmed.

The facts, which involve the effect to be given by the state court to a former judgment in a suit between some of the parties rendered by the circuit court of the United States and the extent to which such judgment was res judicata of the matters in controversy, are stated in the opinion.

Page 231 U. S. 727

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