This page is continued from Getting Started >>>> Time Limits for Filing Cases >>>> Statute of Limitations >>>> Accrual of Cause of Action >>>> Cause of Action:
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identity of causes of action:
1. The same cause of action in two cases, an essential element of res judicata. 30A Am J Rev ed Judgm § 363.
Two actions asserting the same rights, demanding the same relief, and founded on the same facts. Anno: 31 ALR2d 446 § 3.
Not necessarily a matter of identity of subject matter. Creek v Laski, 248 Mich 425, 227 NW 817, 65 ALR 1113.
Tested generally according to whether or not the same evidence would sustain both causes of action. 30A Am J Rev ed Judgm 365.
A prerequisite to a plea of abatement on the ground of prior action pending; a term characterizing two actions of the same character, for the same cause and relief, and in all respects identical. McAllister v McAllister, 147 Fla 647, 3 So 2d 351.
Actions of the same character, for the same cause and relief, and in all respects identical, or actions having the same subject matter, although not demanding exactly the same specific relief. 1 Am 32d Abat & R § 26.
Identity exists irrespective of whether the same specific relief be demanded, if the subject matter of both actions is the same, the ultimate inquiry being whether a judgment in the one action such being rendered first, will be conclusive on the parties with respect to the matters involved in the second. 1 Am J2d Abat & R § 26. [2]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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