Potamitis v. Pittsburgh Plate Glass Co.

STONE, Circuit Judge.

Appellant brought an action at law for personal injury in a state court of Missouri which was later removed to the United States District Court for the Eastern District of Missouri. Defendant filed a motion to dismiss on the ground that the cause of action stated in the petition was included within an earlier suit in the state court wherein judgment had been entered upon a confession, the full amount sought therein paid into court and received by this plaintiff, and the judgment satisfied, Testimony as to the identity of the two actions was introduced by defendant in…