Legal Opinion

Durant v. Essex Co.

Supreme Court of the United States

Decided February 22, 1869PublishedCited by 147 opinions

Appeal from the Circuit Court for the District of' Massachusetts. The Constitution vests appellate jurisdiction in the Supreme Court under such regulations as Congress shall make, ' ,and Congress, by the act of March 3, 1803, authorizing appeal s,pfo vides that “the said Supreme Court shall be, and hereby is, authorized and required to 'receive, hear, and determine such appeals.”

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Appeal from the Circuit Court for the District of' Massachusetts. The Constitution vests appellate jurisdiction in the Supreme Court under such regulations as Congress shall make, ' ,and Congress, by the act of March 3, 1803, authorizing appeal s,pfo vides that “the said Supreme Court shall be, and hereby is, authorized and required to 'receive, hear, and determine such appeals.” With these provisions in force, Durant filed a bill, in Oe- ' tober, 1847, against the Essex Company, seeking to hold it liable for certain real estate. The bill was finally “dismissed.” An appeal was taken to this…

1Opinion of the CourtJustice Field

The decree dismissing the bill in the former suit in the Circuit Court of the United States being absolute in' its terms, was an adjudication of the merits of the controversy, and constitutes a bar to any further litigation of the same subject between the same parties. A decree of that kind, unless made because 'of some defect, in the pleadings, or for want, of jurisdiction^ or because the complainant has an adequate remedy at law, or upon some other ground which does not go to the merits, is a final determination. - Where words of- qualification, suck as “without prejudice,” or other terms…

2Cases cited6 opinions

  1. McCormick v. SullivantSupreme Court of the United States · 1825
  2. The AntelopeSupreme Court of the United States · 1825
  3. Walden v. BodleySupreme Court of the United States · 1840
  4. Hobson v. Heirs of McArthurSupreme Court of the United States · 1842
  5. Bridge v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1830

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3Cited by147 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. Exxon Shipping Co. v. BakerSupreme Court of the United States · 2008
  3. Lomax v. Ortiz-MarquezSupreme Court of the United States · 2020
  4. United States v. PinkSupreme Court of the United States · 1942
  5. Hertz v. WoodmanSupreme Court of the United States · 1910

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