173 A. 79 | R.I. | 1934
This is a bill in equity to enjoin the respondents from selling complainant's real estate on an execution which has been levied thereon. The cause is here on complainant's appeal from a decree dismissing the bill.
The execution issued on a judgment obtained in a district court in an action of scire facias. The complainant contends that the district court had no jurisdiction to enter said judgment for the reason that the writ of scire facias was not served twenty days before the return-day thereof as required by statute. See Kevorko v. Vaitkunas,
The rule is well settled that a litigant is not entitled to present his case piecemeal. As was said in Werlein v. NewOrleans, 177 U.S. at p. 397, "a former judgment between the same parties (or their privies) upon the same cause of action as that stated in the second case constitutes an absolute bar to the prosecution of the second action, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other *363
admissible matter which might have been offered for that purpose." See Ricci v. Matteodo, 167 Atl. (R.I.) 125; Burns
v. Burns,
The appeal is denied and dismissed; the decree appealed from is affirmed and the cause is remanded to the Superior Court for further proceedings.