McCreary v. Casey
McCREARY v. CASEY
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
It appearing in the record here to be conceded as a fact that in the action of Casey v. McCreary the equitable defense interposed by the latter was virtually dismissed with out being presented to or considered by the Court in rendering the judgment on that case, the judgment so rendered is not a bar to this action; the Court below therefore did not err in granting a new trial, and (without expressing an opinion as to the sufficiency of the complaint—a question which though argued by counsel is not involved in the appeal) the order is affirmed.
Cited by
- Kester v. McNear Docket No. S.F. 12968. · 1928-11-23
- Lord v. Dunster No. 13084 · 1889-06-18