Marsh v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from W. J. Adams, J., February Term, 1909, of Cu*r-BERLAND. It appeared in evidence that, on or about 28 May, 1904, the plaintiff, with other hands, was engaged in constructing a depot for defendant company at Nocatee, in De Soto County, Florida, either directly or under a contractor employed for the purpose; that the old depot building, situate near the new one, was a structure placed on pillars several feet above the ground, and the workmen employed and engaged as ,…
Read the full summary
Appeal from W. J. Adams, J., February Term, 1909, of Cu*r-BERLAND. It appeared in evidence that, on or about 28 May, 1904, the plaintiff, with other hands, was engaged in constructing a depot for defendant company at Nocatee, in De Soto County, Florida, either directly or under a contractor employed for the purpose; that the old depot building, situate near the new one, was a structure placed on pillars several feet above the ground, and the workmen employed and engaged as , aforesaid kept their tools under the old building, and were accustomed at the noon interval to go under the old…
1Opinion of the Court
Hoke, J.,
after stating the case: There is no error in the disposition made of this case in the court below. As applied to, domestic judgments, it is a principle universally recognized that when a court has jurisdiction ,of a cause and the parties, and on complaint filed, a judgment has been entered sustaining a general demurrer to the merits, such judgment, while it stands un-reversed. arid unassailed, is conclusive upon the parties and will bar any other or further action for the same cause. Willoughby v. Stevens, 132 N. C., 254; Johnston v. Pate, 90 N. C., 334; Alley v. Nott, 111 U. S.,…
2Cases cited7 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Alley v. NottSupreme Court of the United States · 1884
- Miller v. . LeachSupreme Court of North Carolina · 1886
- Johnson v. . PateSupreme Court of North Carolina · 1884
- Wilson v. RayIndiana Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thomas v. Frosty Morn Meats, Inc.Supreme Court of North Carolina · 1966
- Canestrino v. PowellSupreme Court of North Carolina · 1949
- American National Bank v. DewSupreme Court of North Carolina · 1917
- Jones v. MathisSupreme Court of North Carolina · 1961
- Swain v. . GoodmanSupreme Court of North Carolina · 1922
7 more not listed; retrieve them via the Exa API.