Groton Bridge & Mfg. Co. v. Clark Pressed Brick Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. In May, 1898, the plaintiff in error, hereinafter for convenience called the “Bridge Company,” had under construction a bridge over the Ouachita river, at Monroe, in the state of Louisiana; and the defendant in error, hereinafter designated for convenience as the “Brick Company,” was then engaged in the manufacture of brick at Malvern, state of Arkansas.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. In May, 1898, the plaintiff in error, hereinafter for convenience called the “Bridge Company,” had under construction a bridge over the Ouachita river, at Monroe, in the state of Louisiana; and the defendant in error, hereinafter designated for convenience as the “Brick Company,” was then engaged in the manufacture of brick at Malvern, state of Arkansas. A contract at that time was entered into between said parties, whereby the Brick Company was to furnish the Bridge Company brick to be used in said…
1Opinion of the CourtPhilips, District Judge
The question to be decided is whether the judgment of the state court in the suit of the Brick Company against the Bridge Company creates an estoppel against the maintenance of the action brought in the United States Circuit Court.
The first contention on behalf of plaintiff in error is that the *30nunc pro tunc entry, whereby the word “reply” was inserted in the judgment, should be regarded as a nullity, for the reason that it was made without notice to the defendant therein. The emendation of court records by subsequent entries was expressly authorized by St. 8 Hen. VI, c. 12, which declared…
2Cases cited16 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- In Re WightSupreme Court of the United States · 1890
- Dowell v. ApplegateSupreme Court of the United States · 1894
- Guarantee Co. of North America v. Mechanics' Savings Bank & Trust Co.Supreme Court of the United States · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- International Harvester Co. of America v. CarlsonCourt of Appeals for the Eighth Circuit · 1914
- The WashingtonCourt of Appeals for the Second Circuit · 1926
- United States v. GoldsteinCourt of Appeals for the Eighth Circuit · 1921
- Schofield v. RankinSupreme Court of Arkansas · 1908
- The WashingtonCourt of Appeals for the Second Circuit · 1926
2 more not listed; retrieve them via the Exa API.