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U.S. Supreme Court

Virginia-Carolina Chemical Co. v. Kirven, 215 U.S. 252 (1909)

Virginia-Carolina Chemical Company v. Kirven

No. 18

Argued November 2, 1909

Decided December 6, 1909

215 U.S. 252


The claim of plaintiff in error that proper and full credit as not given to a judgment in the federal court, if reasonably made, raises a federal question, and if the decision of the state court is in effect against such claim, this Court has jurisdiction.

While the bar of a judgment in another action for the same claim or demand between the same parties extends to not only what was, but what might have been, pleaded or litigated in the first action, if the second action is upon a different claim or demand, the bar of the first judgment is limited to that which was actually litigated.

Under § 914, Rev.Stat., requiring the practice in the federal courts to conform as near as may be to the practice in the state courts, the defendant in an action in the United States Circuit Court in South Carolina is not required to plead all counterclaims and offsets, as the state courts have not so construed the provisions of §§ 170, 171 of the Code of Procedure of that state.

When the question is the effect which should have been given by the state court to a judgment of the United States circuit court, this Court is not concerned with the extent to which the state court may have subsequently modified its view if it has not questioned the correctness of its decision in the case at bar.

77 S.C. 493 affirmed.

The facts are stated in the opinion.

Page 215 U. S. 255

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