Karrick v. Wetmore
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) by the defendant from an order of the Supreme Court of the District of Columbia sustaining a demurrer to a plea to a declaration on a foreign judgment. The Court in the opinion stated the case as follows: A suit between the parties to the controversy now before us was here on a former appeal and seems to have involved the ¡same subject-matter.
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Hearing on an appeal (specially allowed) by the defendant from an order of the Supreme Court of the District of Columbia sustaining a demurrer to a plea to a declaration on a foreign judgment. The Court in the opinion stated the case as follows: A suit between the parties to the controversy now before us was here on a former appeal and seems to have involved the ¡same subject-matter. It was held, in substance, that the suit, :as it then stood, could not be maintained. 22 App. D. C. 48Y. That suit seems to have been thereupon abandoned, and the ■present proceedings were instituted wherein very…
1Opinion of the CourtJustice Morris
The question in this case is whether a judgment of dismissal, on its face apparently a final disposition of the cause in which it was rendered, can, after the lapse of five terms of the court by which it was rendered, be stricken out without notice to the defendant, and a judgment rendered in the place of it, equally without notice to the defendant, in favor of the plaintiff and for the full amount of^the latter’s claim. And this question, we think, on the plainest principles of justice, whatever may have been the merit of the plaintiff’s claim, must be resolved in the negative.
The right to…
2Cases cited11 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Phillips v. NegleySupreme Court of the United States · 1886
- In Re WightSupreme Court of the United States · 1890
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
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3Cited by2 opinions
- Michael Del Balso, Inc. v. CarozzaCourt of Appeals for the D.C. Circuit · 1943
- Franklin v. Chas. C. Schulman Co.District of Columbia Court of Appeals · 1942