Luce v. New York, Chicago & St. Louis Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Hubbs, P. J.:
The defendant moved for judgment dismissing the complaint under section 277 of the Civil Practice Act and subdivision 5 of rule 107 of the Rules of Civil Practice, on the ground “that there is an existing final judgment or decree of a court of competent jurisdiction rendered on the merits, determining the same cause of action between the parties.” The learned court at Special Term decided that the complaint in the former action and the complaint in the present action stated different causes of action, and the motion was denied. (124 Mise. 590.) The question presented for…
2Cases cited13 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- New York Central & Hudson River Railroad v. KinneySupreme Court of the United States · 1922
- Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1904
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
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3Cited by17 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
- Whalen v. StrongAppellate Division of the Supreme Court of the State of New York · 1930
- De Coss v. Turner & Blanchard, Inc.New York Court of Appeals · 1935
- Riley v. Southern Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1951
12 more not listed; retrieve them via the Exa API.