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· 10/15/1853

Barnett v. Kilbourne

Citations

  • 3 Cal. 327

Syllabus

<p>Where a bill disclosed that the same subject-matter had been litigated between the same parties in a prior suit, and that in the said suit, the plaintiff in this suit, had set up the same equity which he claims by this bill, the bill was ordered to be dismissed.</p> <p>The allegations of ignorance in malting the necessary averments, or of insufficient conduct, in the prosecution of a former suit, does not constitute ground for relief in chancery.</p>

Judges: Heydenfeldt

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