residue claim (Virginia) · Go Syfert
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residue claim in Virginia

6 Virginia opinions name it 3 courts 1927–2003 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Jones v. Morris Plan Bankgreen
va · 1937 · cited in 3 Virginia opinions naming this issue, 1984–2003
2 sentences

2003In Jones v. Morris Plan Bank of Portsmouth, 168 Va. 284 , 191 S.E. 608 (1937), this Court stated: If suit is brought for a part of a claim, a judgment obtained in that action precludes the plaintiff from bringing a second action for the residue of the claim, notwithstanding [that] the second form of action is not identical with the first, or different grounds for relief are set forth in the second suit.

2003In Jones v. Morris Plan Bank of Portsmouth, 168 Va. 284 , 191 S.E. 608 (1937), this Court stated: If suit is brought for a part of a claim, a judgment obtained in that action precludes the plaintiff from bringing a second action for the residue of the claim, notwithstanding [that] the second form of action is not identical with the first, or different grounds for relief are set forth in the second suit.

23
Snyder v. Exumgreen
va · 1984 · cited in 2 Virginia opinions naming this issue, 1990–2003
2 sentences

1990If suit is brought for a part of a claim, a judgment obtained in that action precludes the plaintiff from bringing a second action for the residue of the claim, notwithstanding the second form of action is not identical with the first, or different grounds for relief are set forth in the second suit. 227 Va. at 377 , 315 S.E.2d at 218 .

1990If suit is brought for a part of a claim, a judgment obtained in that action precludes the plaintiff from bringing a second action for the residue of the claim, notwithstanding the second form of action is not identical with the first, or different grounds for relief are set forth in the second suit. 227 Va. at 377 , 315 S.E.2d at 218 .

12
FLORA, FLORA & MONTAGUE v. Saundersgreen
va · 1988 · cited in 1 Virginia opinions naming this issue, 2003–2003
2 sentences

2003Id. at 291 , 191 S.E. at 610 (emphasis added); accord Saunders, 235 Va. at 311 , 367 S.E.2d at 495 ; Snyder v. Exum, 227 Va. 373, 377 , 315 S.E.2d 216, 218 (1984); see also Restatement of Judgments (Second) § 25 and § 24 cmt. c. 1 If the application of res judicata turned on whether the elements of the legal rights asserted were the same in both cases, the doctrine would bar only those legal rights based on the same legal theory and asserting the same grounds for relief.

2003Id. at 291 , 191 S.E. at 610 (emphasis added); accord Saunders, 235 Va. at 311 , 367 S.E.2d at 495 ; Snyder v. Exum, 227 Va. 373, 377 , 315 S.E.2d 216, 218 (1984); see also Restatement of Judgments (Second) § 25 and § 24 cmt. c. [1] If the application of res judicata turned on whether the elements of the legal rights asserted were the same in both cases, the doctrine would bar only those legal rights based on the same legal theory and asserting the same grounds for relief.

11
Flora, Flora & Montague, Inc. v. Saundersgreen
va · 1988 · cited in 1 Virginia opinions naming this issue, 2003–2003
2 sentences

2003Id. at 291 , 191 S.E. at 610 (emphasis added); accord Saunders, 235 Va. at 311 , 367 S.E.2d at 495 ; Snyder v. Exum, 227 Va. 373, 377 , 315 S.E.2d 216, 218 (1984); see also Restatement of Judgments (Second) § 25 and § 24 cmt. c. 1 If the application of res judicata turned on whether the elements of the legal rights asserted were the same in both cases, the doctrine would bar only those legal rights based on the same legal theory and asserting the same grounds for relief.

2003Id. at 291 , 191 S.E. at 610 (emphasis added); accord Saunders, 235 Va. at 311 , 367 S.E.2d at 495 ; Snyder v. Exum, 227 Va. 373, 377 , 315 S.E.2d 216, 218 (1984); see also Restatement of Judgments (Second) § 25 and § 24 cmt. c. [1] If the application of res judicata turned on whether the elements of the legal rights asserted were the same in both cases, the doctrine would bar only those legal rights based on the same legal theory and asserting the same grounds for relief.

11
Sands v. Rollergreen
va · 1915 · cited in 1 Virginia opinions naming this issue, 2002–2002
2 sentences

2002Plaintiff can maintain a subsequent action only on the judgment and not on the original cause of action.”); Jones v. Morris Plan Bank of Portsmouth, 168 Va. 284, 291 , 191 S.E. 608, 610 (1937) (“If suit is brought for a part of a claim, a *747 judgment obtained in that action precludes the plaintiff from bringing a second action for the residue of the claim, notwithstanding the second form of action is not identical with the first, or different grounds for relief are set forth in the suit.”); Sands v. Roller, 118 Va. 191, 192-93 , 86 S.E. 857, 858 (1915) (“We are of the opinion that when the j

2002Plaintiff can maintain a subsequent action only on the judgment and not on the original cause of action.”); Jones v. Morris Plan Bank of Portsmouth, 168 Va. 284, 291 , 191 S.E. 608, 610 (1937) (“If suit is brought for a part of a claim, a *747 judgment obtained in that action precludes the plaintiff from bringing a second action for the residue of the claim, notwithstanding the second form of action is not identical with the first, or different grounds for relief are set forth in the suit.”); Sands v. Roller, 118 Va. 191, 192-93 , 86 S.E. 857, 858 (1915) (“We are of the opinion that when the j

11
Bates v. Deversgreen
va · 1974 · cited in 1 Virginia opinions naming this issue, 1990–1990
2 sentences

1990See also Hancock v. White Hall Tobacco Warehouse Co., 102 Va. 239 , 46 S.E.2d 288 (1904), and Bates v. Devers, 214 Va. 667, 670 (footnote 3), 202 S.E.2d 917, 920 (1974).

1990See also Hancock v. White Hall Tobacco Warehouse Co., 102 Va. 239 , 46 S.E.2d 288 (1904), and Bates v. Devers, 214 Va. 667, 670 (footnote 3), 202 S.E.2d 917, 920 (1974).

11
Hancock v. White Hall Tobacco Warehouse Co.green
va · 1904 · cited in 1 Virginia opinions naming this issue, 1990–1990
1 sentence

1990See also Hancock v. White Hall Tobacco Warehouse Co., 102 Va. 239 , 46 S.E.2d 288 (1904), and Bates v. Devers, 214 Va. 667, 670 (footnote 3), 202 S.E.2d 917, 920 (1974).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Dingee, Weinman & Co. v. Unrue's Adm'x neutral
· 1900
2 sentences

1988Id. at 252 , 35 S.E. at 796 .

1988Id. at 252 , 35 S.E. at 796 .

11988–1988
Knaffl v. Knoxville Banking & Trust Co. green
tenn · 1915
1 sentence

1927(Subrogation) 13-18; see also 37 Cyc. 379, where this is said: “There can be no subrogation to the rights of another unless the claim of that other is fully satisfied; and, until the whole debt is paid, there can be no interference with the creditor’s rights or securities which might, even by bare possibility, prejudice him in the collection of the residue of his claim, for the right of subrogation is rather against the debtor than against the creditor, and subrogation will be denied one who did not pay or furnish the means to pay the entire debt.” See also Grubbs v. Wysors, 32 Gratt. (73 Va.)

11927–1927
Neal v. Buffington neutral
wva · 1896
1 sentence

1927Cas. 1917C, page 1182; Sheldon on Subrogation, sections 5, 127, 248; Sherman v. Shaver, 75 Va. 8 ; Neal v. Buffington, 42 W.

11927–1927

Where else courts name it

NY 11 (1867–2014) VA 6 (1927–2003) AL 6 (1876–1992) IL 6 (1882–1992) IN 5 (1882–2018) CA 5 (1960–2019) AR 5 (1910–1960) NC 4 (1955–2012) MD 4 (1929–1991) MO 4 (1891–1993) WA 2 (1999–2012) PA 2 (1887–1970)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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