In re Houghton
In re Houghton
Opinion of the Court
An original application is made to this.court by George L. Houghton, a member of the supreme court bar, for leave to file charges against a number of attorneys, residing in the city of Deadwood, claiming that they were guilty of unprofessional and fraudulent practices in the territorial district court of Lawrence county, resulting in injury to him, as a litigant. It appears from the record presented that, in the year 1880 Mr. Houghton was interested in certain mining property in Lawrence county, and that the attorneys against whom he makes
It will thus be seen that all the issues that could be involved in the charges which Mr. Houghton now seeks to file in this court have been tried and determined by a court of competent jurisdiction, and, as the judgments therein entered remain in full force and effect, they constitute a complete bar to any further proceedings. The doctrine is well settled that issues litigated and determined in a court of competent jurisdiction, by the formal judgment of such court, cannot be again litigated; and the rule applies with such uniform and irresistible force to every character of litigation, and to every system of jurisprudence, both in England and America, that a case to the con
Reference
- Status
- Published
- Syllabus
- An application by one attorney for leave to file charges against others for unprofessional conduct is barred where a previous trial of the same charges resulted in a judgment for the accused, who then filed counter-charges against the applicant for circulating false and malicious charges in which proceeding the latter was found guilty, and his license revoked; no appeal being taken from either judgment.