Jacobson v. Miller
Supreme Court of Michigan
1 N.W. 1013 (1879)
Relevant factsFree
In an earlier suit, Miller (plaintiff) sued Jacobson (defendant) for unpaid rent under a lease; Jacobson didn't dispute the lease's execution, only that he hadn't occupied the premises during that rental period, and judgment went to Miller. Miller then sued Jacobson again for later rent under the same lease, and this time Jacobson denied the lease was ever executed. The trial judge admitted the prior judgment as conclusive proof of execution over Jacobson's objection, and entered judgment for Miller again. Jacobson appealed.
IssueFree
Whether a party may raise an issue in a later action that was not actually considered by the court in a previous action between the same parties.