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· 12/4/1939

Protests 961176-G of Geo. S. Bush & Co.

Citations

  • 3 Cust. Ct. 487

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “a judgment based upon the statute of limitations is generally regarded as on the merits and bars another action for the same cause”
  • “a dismissal for failure to commence within the applicable statute of limitations is a dismissal with prejudice because the merits of the case have already been litigated”
  • “The Supreme Court of Ohio in La Barbera expressly rejected the argument that the savings statute, R.C. 2305.19, permits the relitigation of a claim that would otherwise be barred by res judicata. . . .”
  • when a judgment is rendered on the ground that the statute of limitations had expired, such judgment is on the merits and the plaintiff is not entitled to recommence his action under R.C. 2305.19

Source: CourtListener parenthetical corpus (CC0).

Judges: Dallinger

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.