Spicer v. United States
United States Court of Claims
This cause stands upon demurrer to the plea of former suit in bar, oyer being craved of the record in former suit. The petition in the former suit was bad, and the court so held upon demurrer thereto, and dismissed the petition. The petition in this case is good.
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This cause stands upon demurrer to the plea of former suit in bar, oyer being craved of the record in former suit. The petition in the former suit was bad, and the court so held upon demurrer thereto, and dismissed the petition. The petition in this case is good. A judgment in favor of the defendant upon demurrer to the declaration is no bar to a subsequent suit for the same cause.— (Stevens v. Dunbar, 1 Blackford, 56; 1 Marshall, 321; Gilman v. Dives, 10 Peters, 302; Lapping v. Kidgman, 1 Mod., 207; 1 Chitty’s Pleadings, 179.) L The claimant in his former petition set out a full statement of…
1Opinion of the CourtNott, J.
This is the second suit brought by the claimant in this court upon the same cause of action. In the former case, judgment went against the claimant on demurrer to his petition.’ The defendants now plead that judgment in bar. The claimant objects, and’ shows by the opinion of the court that his former petition was in fact dismissed for a defect, now remedied, in not stating that he owned and tendered certain horses which the defendants had agreed to receive. The defendants reply that his petition did in fact contain such averments, and that if the judgment of the court was wrong he should have…
2Cases cited3 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Miles v. CaldwellSupreme Court of the United States · 1865
3Cited by13 opinions
- PCL Construction Services, Inc. v. United StatesUnited States Court of Federal Claims · 2008
- Oerlikon MacHine Tool Works Buehrle & Co. v. United StatesUnited States Court of Claims · 1952
- Rymarkiewicz v. United StatesUnited States Court of Claims · 1906
- Green v. United StatesUnited States Court of Claims · 1883
- Miller v. MargerieCourt of Appeals for the Ninth Circuit · 1909
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