Groton Bridge & Mfg. Co. v. Clark Pressed Brick Co.
U.S. Circuit Court for the District of Eastern Arkansas
The plaintiff seeks to recover in this action damages alleged to have been sustained by it by reason of the breach of a contract entered into between it and the defendant for the sale and delivery of a lot of brick. Among the defenses set up by the answer is a plea of former adjudication.
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The plaintiff seeks to recover in this action damages alleged to have been sustained by it by reason of the breach of a contract entered into between it and the defendant for the sale and delivery of a lot of brick. Among the defenses set up by the answer is a plea of former adjudication. A trial by jury having been waived by the parties by proper stipulation in writing, the court finds the facts as follows: That after the contract for the sale and purchase of the brick had been entered into between the parties, as set out in the complaint, the defendant in this action, who will be referred…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). It is urged by counsel for the Bridge Company that the judgment of the circuit court of Hot Springs county, which is pleaded by the defendant as res adjudicata, ought not to have that effect, upon the following grounds; First, that the nunc pro tunc order or amendment of the original judgment made at the February term, 1900, having been made without notice after the term at which the judgment was entered had expired, was an absolute nullity, that court having lost jurisdiction over the parties as well as the subject-matter; second, as the record shows that…
2Cases cited14 opinions
- In Re WightSupreme Court of the United States · 1890
- Collins v. . BennettNew York Court of Appeals · 1871
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Lewis v. RossSupreme Judicial Court of Maine · 1854
- Four Hundred & Twenty Min. Co. v. Bullion Min. Co.U.S. Circuit Court for the District of Nevada · 1876
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3Cited by2 opinions
- Kimmel Sales Corp. v. LausterNew York Supreme Court · 1938
- United States v. GoldsteinCourt of Appeals for the Eighth Circuit · 1921