Durant v. Essex Co.
Supreme Court of the United States
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…
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