Legal Opinion

Cline v. Southern Ry. Co.

District Court, W.D. North Carolina

Decided March 10, 1916PublishedCited by 3 opinions

At Law. Action by D. J. Cline against the Southern Railway Company. On motion to dismiss the complaint.

1Opinion of the Court

JOHNSON, District Judge.

This is a motion by the defendant to dismiss tire complaint herein on two grounds; First, because it appears upon the face of the pleadings that this court sitting as a court at law has no jurisdiction of this action; second, because the plaintiff is estopped by the judgment of the state court which is res judicata of fhe matter now sought to be litigated in this court.

[1] The motion to dismiss for want of jurisdiction is based on the defendant’s fourth defense, which sets up a release alleged to have been executed by plaintiff, whereby for a valuable consideration he…

2Cases cited8 opinions

  1. Hampton v. M'connelSupreme Court of the United States · 1818
  2. George v. TateSupreme Court of the United States · 1881
  3. Scotland County v. HillSupreme Court of the United States · 1889
  4. Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911
  5. Cartin v. South Bound RailroadSupreme Court of South Carolina · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
  2. Pringle v. StorrowDistrict Court, D. Massachusetts · 1925
  3. Schnerb v. Caterpillar Tractor Co.Court of Appeals for the Second Circuit · 1928

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