Case v. Beauregard
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Louisiana. The facts out of which this case arises are stated in Case v. Beauregard, 99 U. S. 119. The bill in each case is in every essential particular the same, except that here the additional allegation is made that the complainant, as receiver, had brought an action at law and recovered 'judgment against Beauregard and May, as partners; that Graham, the other partner, was beyond the reach of process;…
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Appeal from the Circuit Court of the United States for the District of Louisiana. The facts out of which this case arises are stated in Case v. Beauregard, 99 U. S. 119. The bill in each case is in every essential particular the same, except that here the additional allegation is made that the complainant, as receiver, had brought an action at law and recovered 'judgment against Beauregard and May, as partners; that Graham, the other partner, was beyond the reach of process; and that an execution upon the judgment was returned nulla lona. The defendants pleaded the decree in the former suit…
1Opinion of the CourtJustice Strong
That -the complainant’s bill exhibits the same cause of action which was set forth in his'former bill against these defendants, and that he now seeks the same relief as that which was sought in his first suit, is quite apparent. The identity of the claims and equities asserted, as well as of the relief asked, is shown by an inspection of the records, and it is hardly denied. The object of both suits was to follow and subject to the payment of a debt due by the partnership, of May, Graham, & Beauregard to the First National Bank of New Orleans, certain property alleged to have formerly…
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