Legal Opinion
Sachs v. State Mut. Life Assur. Co.
District Court, W.D. Kentucky
Decided February 19, 1949No. 1457PublishedCited by 3 opinions
1Opinion of the Court
SHELBOURNE, Chief Judge.
This case is before the Court on the motion of plaintiff to strike from the answer of the defendant the third defense.
The third defense in the answer is a plea of res judicata.
Ruth B. Sachs was the original complainant and Joan Sachs Reis subsequently filed her intervening complaint, adopting all of the allegations of the original complaint and joining in the prayer thereof.
Plaintiff invoked the jurisdiction of this Court under the provisions of Title 28, U.S.C.A., § 41(1), now Title 28, § 1332, the requisite diversity existing and the matter in controversy being a…
2Cases cited15 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
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3Cited by3 opinions
- Schott v. Colonial Baking Co.District Court, W.D. Arkansas · 1953
- Lelia Hackler, Gotha Hackler v. Indianapolis & Southeastern Trailways, Inc., and James WallaceCourt of Appeals for the Sixth Circuit · 1971
- Pallen v. Allied Van Lines, Inc.District Court, S.D. New York · 1963