Montgomery v. McDermott

COXE, District Judge.

This controversy has been before the court on two prior occasions. First on demurrer (83 Fed. 576), and second, on plea. 87 Fed. 372. In the first instance the hill was sustained as being in aid of a suit at law in which an attachment had issued, hut in which no relief was possible because of the death of the defendant and the failure of his foreign executors to revive. In the second instance a plea of res judicata was allowed. A motion for a reargument was made and denied. That the decision sustaining the plea is controlling upon this court until reversed is axiomatic.…