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NORTHERN PACIFIC RAILWAY CO. V. SLAGHT, 205 U. S. 122 (1907)

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U.S. Supreme Court

Northern Pacific Railway Co. v. Slaght, 205 U.S. 122 (1907)

Northern Pacific Railway Company v. Slaght

No. 152

Argued January 11, 1907

Decided March 11, 1907

205 U.S. 122

Syllabus

A judgment on demurrer is as conclusive as one rendered upon proof.

The question as to the effect of a judgment as res judicata when pleaded in bar of another action is its legal identity with the judgment sought in the second action, and, as a general rule, its extent as a bar is not only what was pleaded or litigated, but what could have been pleaded or litigated.

Where a plaintiff could have pleaded rights to property in addition to those pleaded, he and his grantees are bound by that election, and after an adverse judgment, cannot again assert title to the same property against the same parties under a different source of title.

A state statute of limitations does not commence to run against a government patentee until after the patent has been issued to him.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 205 U. S. 125





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