Legal Opinion

Commercial Union Assurance Co. v. New Jersey Rubber Co.

Supreme Court of New Jersey

Decided March 3, 1902PublishedCited by 3 opinions

On. appeal from an order sustaining a demurrer advised by Vice-Chancellor Emery, whose opinion is reported in 16 Dick. Ch. Rep. 446.

1Opinion of the Court

*339The opinion of the court was delivered by

Garrison, J.

This appeal presents a question of res judicata raised by a demurrer to a supplemental bill. The original bill, which was filed to enjoin an action at law and for equitable relief, was arrested pending the action at law, which resulted in an adjudication, which, when exhibited to the court of chancery by a supplemental bill, was, upon demurrer, deemed to have disposed, conclusively of the case made by the complainant under the doctrine of res judicata. The propriety of this order is the subject of the complainant’s appeal, upon which…

2Cases cited1 opinion

  1. Noonan v. Consolidated Traction Co.Supreme Court of New Jersey · 1900

3Cited by3 opinions

  1. Crowe v. De GioiaNew Jersey Superior Court Appellate Division · 1981
  2. Madden v. Interstate Business Men's Accident Ass'nSupreme Court of Minnesota · 1917
  3. Frantz v. A. Levitan Furniture Co.Louisiana Court of Appeal · 1922

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