Doan v. Bush
Supreme Court of Arkansas
Appeal from Pope Circuit Court; A. B. Priddy, Judge; 1. A dismissal of a case, other than upon its merits, is in effect a dismissal without prejudice to a future action. Kirby & Castle’s Digest, § § 7606, 6011; 121 Ark. 454; 69 Id. 431; 47 Id. 120, 125; 35 Id. 62; 36 Id. 389; 47 Id. 387; 140 Fed. 385; 5 Am. & E. Ann. Cas. 314; 46 Wash. 79; 13 A. & E. Ami. Cas. 653; 9 Id. 341. It was error to ■sustain the plea of former adjudication.
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Appeal from Pope Circuit Court; A. B. Priddy, Judge; 1. A dismissal of a case, other than upon its merits, is in effect a dismissal without prejudice to a future action. Kirby & Castle’s Digest, § § 7606, 6011; 121 Ark. 454; 69 Id. 431; 47 Id. 120, 125; 35 Id. 62; 36 Id. 389; 47 Id. 387; 140 Fed. 385; 5 Am. & E. Ann. Cas. 314; 46 Wash. 79; 13 A. & E. Ami. Cas. 653; 9 Id. 341. It was error to ■sustain the plea of former adjudication. The dismissal of the former suit is a complete bar and a final disposition of the case. Kirby’s Digest, <[> 6167; 2 Black on Judgm., § 706; 2 Dana (Ky.) 395; 10…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant instituted this action in the circuit court of Pope County against the receiver of the St. Louis, Iron Mountain & Southern Railway Company to recover damages on account of personal injuries alleged to have been inflicted by the negligence of appellee’s servants. There was a plea of former adjudication based upon a judgment of the circuit court of Garland County in a case involving the same cause of action, which said judgment is in the following language:
“Now on this day this canse comes on to be heard, comes the plaintiff in her own proper person and by her attorney, U. L. Meade,…
2Cases cited8 opinions
- Haldeman v. United StatesSupreme Court of the United States · 1876
- Merritt v. CampbellCalifornia Supreme Court · 1874
- Bank of the Commonwealth v. HopkinsCourt of Appeals of Kentucky · 1834
- Bishop v. McGillisWisconsin Supreme Court · 1892
- St. Joseph & Elkhart Power Co. v. GrahamIndiana Supreme Court · 1905
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3Cited by7 opinions
- Blaylock v. Shearson Lehman Bros., Inc.Supreme Court of Arkansas · 1997
- Payne v. Buena Vista Extract Co.Supreme Court of Virginia · 1919
- St. Paul Fire and Marine Insurance Company v. HundleyDistrict Court, E.D. Arkansas · 1973
- Ford v. FordSupreme Court of South Carolina · 1961
- Mutual Life Ins. Co. of New York v. PhillipsSupreme Court of Arkansas · 1943
2 more not listed; retrieve them via the Exa API.