Cline v. Southern Ry. Co.
District Court, W.D. North Carolina
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
- Hampton v. M'connelSupreme Court of the United States · 1818
- George v. TateSupreme Court of the United States · 1881
- Scotland County v. HillSupreme Court of the United States · 1889
- Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911
- Cartin v. South Bound RailroadSupreme Court of South Carolina · 1895
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3Cited by3 opinions
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
- Pringle v. StorrowDistrict Court, D. Massachusetts · 1925
- Schnerb v. Caterpillar Tractor Co.Court of Appeals for the Second Circuit · 1928