Legal Opinion
Viles v. Symes
Court of Appeals for the Tenth Circuit
Decided August 3, 1942No. 2481PublishedCited by 38 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
Two questions were decided by the trial court and are presented• here on appeal: (1) whether the court has jurisdiction of the subject matter as one arising under the Constitution and laws of the United States, cognizable in the courts of the United States, and (2) if Federal jurisdiction is present, is a “judgment as of nonsuit” by a Colorado court involving the same subject matter and parties res judicata? The trial court denied Federal jurisdiction, but ruled that the “judgment as of nonsuit” was res judicata, and the plaintiff has appealed. Of course, if the trial…
2Cases cited11 opinions
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Smith v. Kansas City Title & Trust Co.Supreme Court of the United States · 1921
- Shulthis v. McDougalSupreme Court of the United States · 1912
- Starin v. New YorkSupreme Court of the United States · 1885
- Gay v. RuffSupreme Court of the United States · 1934
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Collins v. HardymanSupreme Court of the United States · 1951
- Bottone v. LindsleyCourt of Appeals for the Tenth Circuit · 1948
- Morgan v. SylvesterDistrict Court, S.D. New York · 1954
- McShane v. MoldovanCourt of Appeals for the Sixth Circuit · 1949
- Downie v. PowersCourt of Appeals for the Tenth Circuit · 1951
33 more not listed; retrieve them via the Exa API.