87 Va. 447 | Va. | 1891
delivered the opinion of the court.
The case is as follows: On the 8th day of March, 1880, J. R. Marchant and wife, in consideration of f1,133.50, conveyed a certain tract of land in said county to Jane T. Diehl, wife of Daniel Diehl. By trust-deeds of even date the said Jane T. Diehl
The first question we have to consider is whether the decision in that case, which was between the same parties, was a decision of the questions involved in this; for, if this be so, then the decision in that case was final between the parties, and the question involved in this case is res judicata, and cannot be questioned in this or in any other proceeding in any court. As to this matter, courts of justice do not always employ the same language, but where every objection urged in the second suit was open to the party, within the legitimate scope of the pleadings, in the first suit, and might have been presented at that trial, the matter must be considered as having passed in rem judicatam, and the former judgment in such a case is conclusive between the parties. It is not • necessary to the conclusiveness of the former judgment that the issue should have been taken upon the precise point which it is proposed to controvert in the collateral action. It is sufficient if that point was essential to the former judgment. Every point which has been specifically decided, or by necessary implication an issue which must have been decided, in order to support the judgment or decree, is concluded. The estoppel is not confined to the judgment, but extends to all facts in
Decree affirmed.