Legal Opinion

United States v. Naldrett

District Court, W.D. Michigan

Decided July 22, 1914Published

In Equity. Suit by the United States of America against Charles S. Naldrett and others.

1Opinion of the Court

SESSIONS, District Judge.

The chief defense in this suit, and the only one requiring consideration, is the claim urged by counsel for defendant Montigel that the decrees in the former suits between these parties are res judicata .of the issues here presented. In this respect, reliance is placed upon the familiar and settled rule of estoppel by judgment or decree that, when a second suit is upon the same cause of action and between the same parties as a former one, the judgment or decree in the. first is conclusive in the second as to every question which was or might have been presented and…

2Cases cited16 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  3. Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
  4. Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907
  5. Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897

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