Presidio Mining Co. v. Overton

There is no question of res judicata in the case. In denying the motion for the appointment of a receiver and for an injunction on the original bill, Judge Dooling denied the motions with leave to renew the same upon filing an amended bill, and said:

“The motion to dismiss will be granted unless plaintiffs within 20 days file an amended bill stating a ground for the granting of equitable relief.”

No order was made dismissing the bill, and no judgment was entered. Under permission of the court an amended hill was filed. Whether that bill was in substance the same as the original bill, as the…