Schram v. Poole

DENMAN, Circuit Judge.

This is an appeal from a judgment dismissing with prejudice the bill of complaint of appellant Schram. The filing of this case succeeded an appeal sustaining a judgment dismissing a bill filed in an earlier suit against the same parties, except Poole, Jr., then a minor. Our opinion on the former appeal, stating the pleadings and most of the facts pertinent here, is reported in 97 F.2d 566. In it we held that there could be no recovery against Poole, as guardian, or against Poole Jr.’s estate because of the failure to join the minor. In the present suit the minor was…