LYNCH v. LYNCH

No. 49615.

94 N.W.2d 105 (1959)

Joseph LYNCH, Jr., Appellant, v. Margaret LYNCH, Appellee.

Supreme Court of Iowa.

January 13, 1959.


Attorney(s) appearing for the Case

Daniel D. Sanderson, Estherville, for appellant.

McMahon and Cassell, Algona, for appellee.


LARSON, Justice.

The sole question before us in this appeal is whether plaintiff may maintain this declaratory action when, by a former declaratory judgment involving the same parties and the same premises, the defendant was determined to be the one entitled to possession. In other words, was the former adjudication res judicata, and did it estop plaintiff from prosecuting this action?

The facts are simple and undisputed. On February 21, 1957, the defendant...

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