Popp v. Archbell

PARKER, Chief Judge.

This is an appeal from an order dismissing an action instituted in the court below by a citizen of Ohio against a citizen of Virginia to recover damages on account of personal injuries. The order of dismissal was based on the fact that a prior action to recover on account of the same injuries had been instituted in a Virginia state court and had been dismissed by that court without prejudice. The judge below held that, after this dismissal in the state court, the plaintiff was precluded from suing in the federal court on the same cause of action by reason of the Virginia…