St. Romes v. Levee Steam Cotton Press Co.
Citations
- 127 U.S. 614
- 8 S. Ct. 1335
- 32 L. Ed. 289
- 1888 U.S. LEXIS 2025
Syllabus
<p>If, after transfer by the plaintiff of the subject of controversy in a litigation in Louisiana, the court, on being informed of the transfer, refuses to permit the suit to be discontinued by the plaintiff, a judgment does not make it res judicata as to the assignee.</p> <p>Dismissal of a suit for want of parties does not make the subject of it res judicata.</p> <p>If a corporation by negligence cancels a person’s stock, and issues certificates therefor to a third party, the true owner may proceed against the corporation to obtain the replacement of his stock, or its value, without pursuing the purchaser or those who hold under him.</p> <p>In a suit in Louisiana against a corporation for damages for refusal to permit a transfer of shares on its books, the prescription of ten years applies: but that prescription is not available in this case.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- earlier suit was dismissed because plaintiff failed to join necessary defendants; res judicata does not bar a second suit on the same cause of action
- earlier suit was dismissed because plaintiff failed to join necessary defendants; res judicata does not bar a second suit on the same cause of action
Source: CourtListener parenthetical corpus (CC0).
Judges: Bradley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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