Bartleson v. Feidler
U.S. Circuit Court for the District of Western Washington
In Equity. Creditors’ bill founded upon a judgment against E. J. Eeidlei, and return nulla bona, of a writ of execution. Heard on the merits, the issues raised by the pleadings being whether the judgment debtor and E. E. Eeidler, who died in Alaska, were copartners, and whether money which through probate court proceedings in Alaska had come into the hands of the widow of the deceased belonged to the alleged firm. Decree for complainant.
1Opinion of the Court
HANFORD, District Judge.
Preliminary to the consideration of the main controversy, the court must dispose of the defendants’ contention that the United States commissioner at Nome, in the exercise of the powers of a probate court made an order of distribution of the estate of E. E. Eeidler, which is a final determination of the rights of *300•the parties to this action. The only ground upon which this claim can •be maintained is the legal proposition that all matters which have been or might have been litigated in a court of competent jurisdiction are 'deemed to have been by a final judgment…
2Cases cited3 opinions
- Borer v. ChapmanSupreme Court of the United States · 1887
- Rush v. LakeCourt of Appeals for the Ninth Circuit · 1903
- In re ClarkDistrict Court, D. Washington · 1901
3Cited by1 opinion
- Hagan v. LantrySupreme Court of Missouri · 1935