176 Pa. 23 | Pa. | 1896
Opinion by
In this action the plaintiff claimed from the defendant the price of five hundred and ninety-four feet of flagstone, and recovered a judgment for the same. The defense made to the claim was that it had been duly passed upon in a former suit between the parties. To sustain this defense the record of the first suit was presented, and it plainly showed that the claim in the second suit was an item of the claim made in the first. The record in the first suit therefore furnished, on its face, a
In this as in the former suit the plaintiff’s claim was based on a sale of the flagstones to the defendant, and was for the price of them. The record of the former judgment is on its face a bar to this action. That the magistrate misapprehended the effect of the judgment he entered in the first suit furnished no warrant for the judgment appealed from. It is not necessary to discuss or consider separately the several specifications of error. It is sufficient to say that in our opinion the prima facie bar to this action which the record of the judgment in the first suit affords was not removed or qualified by the evidence in the case.
Judgment reversed.