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Mason v. Red River Lumber Co.

United States District Court, W.D. Louisiana, Shreveport Division
Mar 4, 1937
21 F. Supp. 438 (W.D. La. 1937)

Opinion

No. 2742.

March 4, 1937.

Cook, Cook Eagan, of Shreveport, La., and Ned A. Stewart, of Texarkana, Ark., for plaintiff.

Whitley Utley, of Magnolia, Ark., and John B. Files, of Shreveport, La., for defendant.


At Law. Action by Ben Mason against the Red River Lumber Company, Incorporated.

Decree for defendant in accordance with opinion.


This court did not give its reasons for sustaining the plea of res judicata and exception of no cause of action and has been requested by counsel for the plaintiff to set them forth.

The plea was sustained because the record shows the identical petition was filed in the state court by the plaintiff against this defendant, to which an exception of no cause of action was sustained. No appeal therefrom was taken. I do not believe that the effects of this decision can be avoided by filing the same petition here, on the theory, as urged by counsel for plaintiffs; that the law of Arkansas was involved, but not pleaded in the state court; whereas, in this court cognizance thereof could be taken without its having to be alleged. Plaintiff chose the state court as a forum in which to assert his case and I believe is bound by that judgment. The following cases, I think, are conclusive: Gould v. Evansville Crawfordsville R.R. Co., 91 U.S. 526, 23 L.Ed. 416; Bissell v. Spring Valley Township, 124 U.S. 225, 8 S.Ct. 495, 31 L.Ed. 411; Yates v. Utica Bank, 206 U.S. 181, 27 S.Ct. 646, 51 L.Ed. 1015; Northern Pacific Ry. Co. v. Slaght, 205 U.S. 122, 27 S.Ct. 442, 51 L.Ed. 738.

As to the exception of no cause of action, the petition does not allege that the defendant was doing business in the State of Arkansas at the time the suit there was filed. This, I think, was essential to show that the courts of that state had jurisdiction. It does allege defendant was doing business in the state when the cause of action arose, but I think plaintiff was required to go further and allege the defendant was so engaged when the suit was filed. Conley v. Mathieson Alkali Works, 190 U.S. 406, 23 S.Ct. 728, 47 L.Ed. 1113.

Proper decree should be presented.


Summaries of

Mason v. Red River Lumber Co.

United States District Court, W.D. Louisiana, Shreveport Division
Mar 4, 1937
21 F. Supp. 438 (W.D. La. 1937)
Case details for

Mason v. Red River Lumber Co.

Case Details

Full title:MASON v. RED RIVER LUMBER CO., Inc

Court:United States District Court, W.D. Louisiana, Shreveport Division

Date published: Mar 4, 1937

Citations

21 F. Supp. 438 (W.D. La. 1937)

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Mason v. Red River Lumber Co.

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