New York Court of Appeals

Margaret Krekeler, Appellant v. Adam Ritter

June 25, 187562 N.Y. 372

Summary

The Court of Appeals affirmed the lower court, holding that a prior judgment not pleaded as a defence is admissible as evidence of the fact in issue, cannot be used as a bar or estoppel, and cannot be impeached except for fraud, which does not permit a retry of the same issues; the court's discretionary extra allowance was not subject to review.