NORTH CAROLINA R. CO. V. STORY, 268 U. S. 288 (1925)

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U.S. Supreme Court

North Carolina R. Co. v. Story, 268 U.S. 288 (1925)

North Carolina Railroad Company v. Story

No. 322

Argued April 14, 1925

Decided May 25, 1925

268 U.S. 288


1. A judgment of a state supreme court affirming the refusal of a lower court to continue a temporary restraining order and to grant a permanent injunction on the petition and answer, and leaving nothing for the lower court to do but dismiss the petition, held a final judgment and reviewable by certiorari under Jud.Code § 237, as amended September 6, 1916. P. 268 U. S. 291.

2. An appellate court, upon an appeal from a temporary or interlocutory order or decree, has power under general equity practice to examine the merits, if sufficiently shown by the pleadings and record, and, upon deciding them for the defendant, to dismiss the bill. Id.

3. A judgment not appealed from, however erroneous, is res judicata. P. 268 U. S. 292.

4. Section 206(g) of the Transportation Act of 1920, providing:

"No execution or process . . . shall be levied upon the property of any carrier where the cause of action on account of which the judgment was obtained grew out of the possession, use, control, or operation of any railroad or system of transportation by the President under Federal control,"

does not prevent judgments in the cases specified, but protects the carrier's property from execution under them. Id.

5. A decision by a state supreme court that a judgment recovered against a carrier for personal injuries suffered while its railroad was under federal control conclusively established the right to recover a second judgment in an action on the first is not a decision that the first judgment established plaintiff's right to levy execution on the carrier's property notwithstanding § 206(g) of the Transportation Act. P. 268 U. S. 293.

6. The reasoning and opinion of a court are not res judicata unless the subject matter be definitely disposed by the decree. P. 268 U. S. 294.

187 N.C. 184 reversed.

Page 268 U. S. 289

Certiorari to a decree of the Supreme Court of North Carolina affirming a decree which refused relief by injunction against the levy upon the railroad's property of an execution to satisfy a judgment based on another judgment, which last had been recovered in an action against the railroad for personal injuries. See also 184 N.C. 442.

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