Strang v. Moog
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. ¥h. E. ClabKE. This action was brought by Bernard Moog, against Mrs. Julia A. Strang, to recover certain lots or parcels of land in the city of Mobile, particularly described in the complaint; and was commenced on the 13th May, 1882. The complaint contained a count on a demise from said Bernard Moog, who derived title under a mortgage executed to him by Mrs. Strang, the defendant, and a count on a demise from M.…
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Appeal from the Circuit Court of Mobile. Tried before the lion. ¥h. E. ClabKE. This action was brought by Bernard Moog, against Mrs. Julia A. Strang, to recover certain lots or parcels of land in the city of Mobile, particularly described in the complaint; and was commenced on the 13th May, 1882. The complaint contained a count on a demise from said Bernard Moog, who derived title under a mortgage executed to him by Mrs. Strang, the defendant, and a count on a demise from M. J. Goldsmith, who claimed as purchaser at a sale made under a power in the mortgage; but, as the bill of exceptions…
1Opinion of the CourtSomerville, J.
The rule is everywhere -settled, that where a decree is rendered by a court of equity, dismissing a bill for want of jurisdiction, or because the complainant has a plain and adequate remedy at law, or because of any mere defect in the pleadings, or, we may say generally, on any other ground not involving the merits of the cause, such dismissal is usually stated to be “without prejudice,” and is not held to be a final and conclusive adjudication of the matters in litigation, *465so as to come within the doctrine of res adgudicata. — Freeman on Judg. § 270; McCall v. Jones,at present term, ante, p.…
2Cases cited6 opinions
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
- Carroll v. BallanceIllinois Supreme Court · 1861
- Allen v. RansonSupreme Court of Missouri · 1869
- Brewer v. WatsonSupreme Court of Alabama · 1880
- Wilkins v. JudgeSupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Crowson v. CodySupreme Court of Alabama · 1926
- Ex Parte DunlapSupreme Court of Alabama · 1923
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
- Vacalis v. LowrySupreme Court of Alabama · 1966
15 more not listed; retrieve them via the Exa API.