William R. Day

“ And the fact that both Elijah E. Myers and Radford were parties in the same suit did not have the effect to submit the controversy made in the present litigation to the decision of the United States circuit court. Judgments become estoppels because they affect matters upon which the parties have been heard or have had an opportunity to be heard, but are not conclusive upon matters not in question or immaterial. ”

“ The record of the proceedings in the United States circuit court shows that one half of the money due upon the claim of Elijah E. Myers against Luzerne county had been paid into court in the original suit of Myers against Luzerne county. Radford had filed a petition asking for the payment of the money to him as the owner of the judgment. George W. Myers, as respondent, filed an answer, claiming the amount in court, and attacking his assignment to Radford. ”

“ Sac County, 94 U.S. 351, 24 L. ed. 195; Southern P. R. Co. v. United States, 168 U.S. 1, 50, 42 L. ed. 355, 377, 18 Sup. Ct. Rep. 18; Troxell v. Delaware, L. & W. R. Co. 227 U.S. 434, 440, 57 L. ed. 586, 589, 33 Sup. Ct. Rep. ”