Village of Ina v. Kelley

Appellate Court of Illinois

Village of Ina v. Kelley

206 Ill. App. 168

DecidedApril 13, 1917

StatusPublished

This text of 206 Ill. App. 168 (Village of Ina v. Kelley) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Village of Ina v. Kelley, 206 Ill. App. 168 (Ill. Ct. App. 1917).

Pincite

Opinion

Mr. Presiding Justice McBride

delivered the opin- . ion of the court.

3. Judgment, § 419*—when dismissal of action is bar to another action. For dismissal of one action to operate as a bar to another action there must be identity of parties and of subject-matter. 4. Judgment, § 434*—what constitutes a former adjudication. To constitute a former adjudication there must have been a trial and a determination of the rights of the parties. 5. Judgment, § 419*—when dismissal of action is not bar to another action. Dismissal of an action for want of jurisdiction on motion without trial by a justice of the peace, held no bar to another action.

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Mr. Presiding Justice McBride

delivered the opin- . ion of the court.

3. Judgment, § 419*—when dismissal of action is bar to another action. For dismissal of one action to operate as a bar to another action there must be identity of parties and of subject-matter. 4. Judgment, § 434*—what constitutes a former adjudication. To constitute a former adjudication there must have been a trial and a determination of the rights of the parties. 5. Judgment, § 419*—when dismissal of action is not bar to another action. Dismissal of an action for want of jurisdiction on motion without trial by a justice of the peace, held no bar to another action.

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Bluebook (online)

206 Ill. App. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-ina-v-kelley-illappct-1917.