Case v. Beauregard (101 U.S. 688)

APPEAL from the Circuit Court of the United States for the District of Louisiana.

The facts out of which this case arises are stated in Case v. Beauregard, 99 U.S. 119. The bill in each case is in every essential particular the same, except that here the additional allegation is made that the complainant, as receiver, had brought an action at law and recovered judgment against Beauregard and May, as partners; that Graham, the other partner, was beyond the reach of process; and that an execution upon the judgment was returned nulla bona. The defendants pleaded the decree in the former suit in bar, and the court, finding that the matter set up in the plea was sustained by the evidence, dismissed the bill. Case appealed.

Submitted on printed arguments by Mr. Charles Case for the appellant, and by Mr. Henry C. Miller for the appellee.

MR. JUSTICE STRONG delivered the opinion of the court.