Horne v. Woolever Book Reviews

Horne v. Woolever by The Supreme Court of the State of Ohio Book Summary

TAFT, J. The principal question to be decided is whether, as the trial court held, the judgment of dismissal "with prejudice" in the
federal court barred as res adjudicata the cause of action set forth in plaintiff's petition.(fn1) The holding of the trial
court, that was affirmed by the Court of Appeals, was based upon the conclusion that the judgment of dismissal by the federal
court was a bar, as res adjudicata, to the present action, and not that such judgment necessarily represents a determination
of any decisive issue in the instant case in such a way that that judgment would operate as an estoppel against assertion
of the cause of action that is asserted in the instant action.(fn2) In order for a judgment to so bar the subsequent assertion
of a cause of action as res adjudicata, such judgment must have been rendered in an action based upon the same cause of action
between the same parties or their privies.(fn3) The judgment of dismissal of the federal court was admittedly rendered in
an action between the same parties.

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