Nalle v. Oyster
Court of Appeals for the D.C. Circuit
Hearing on. an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, in an action for libel, a demurrer of the plaintiff to a plea to the declaration having been overruled, and the plaintiff having elected to stand upon her demurrer.
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Hearing on. an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, in an action for libel, a demurrer of the plaintiff to a plea to the declaration having been overruled, and the plaintiff having elected to stand upon her demurrer. The Court in the opinion stated the facts as follows: This is a suit brought by appellant, Mary E. Nalle,* in the supreme court of the District of Columbia, for the recovery of damages arising from the alleged publication of a libel by the appellees, James E. Oyster, William V. Cox, Mary C. Terrell, Justina 31. Hill, Ellen S.…
1Opinion of the CourtJustice Van Orsdel
In stating the case presented by the pleadings, we have ignored the question of privileged communication, for the reason that the judgment can be sustained upon the plea of former adjudication. The conclusiveness of the judgment in a prior suit between the same parties must be ascertained from the record in that case, or by extrinsic evidence that the question involved in the present action was raised and determined in the former case. It is not denied that the matter here complained of was involved in the former suit. In fact, its existence there forms the basis of this action. But it is…
2Cases cited2 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Beloit v. MorganSupreme Court of the United States · 1869
3Cited by5 opinions
- Forstner Chain Corp. v. Marvel Jewelry Mfg. Co.Court of Appeals for the First Circuit · 1949
- Woods v. CannadayCourt of Appeals for the D.C. Circuit · 1946
- Holcomb v. HolcombCourt of Appeals for the D.C. Circuit · 1954
- Antonelli v. SmithDistrict of Columbia Court of Appeals · 1955
- Holcomb v. HolcombCourt of Appeals for the D.C. Circuit · 1954