Legal Opinion
Worrell v. Whitney
District Court, E.D. Pennsylvania
Decided March 10, 1911No. 2PublishedCited by 1 opinion
In Equity. Suit by Hibberd B. Worrell, as trustee in bankruptcy, etc., against Daniel Whitney and others.
1Opinion of the Court
J. B. McPHERSON, District Judge.
This is precisely the same controversy between the same parties that was litigated in a previous action. Worrell v. Whitney et al. (D. C.) 179 Fed. 1014. The decree then entered is now attacked collaterally in a second suit, and the question of its effect is raised by the plea. In Wilson v. Smith, 126 Fed. 916, 61 C. C. A. 446, the Court of Appeals for the Third Circuit states the rule that governs‘the dispute:
“A decree dimissing a bill in equity, which is absolute in its terms, unless made upon some ground which does not go to the merits, is a final…
2Cases cited10 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Case v. BeauregardSupreme Court of the United States · 1880
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Dowell v. ApplegateSupreme Court of the United States · 1894
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Delaware, L. & W. R. v. TroxellCourt of Appeals for the Third Circuit · 1912