SYLVIA LAKE COMPANY INC., DOMINION COMPANY OF NEW YORK ET AL.

v.

NORTHERN ORE COMPANY, NEW YORK ZINC COMPANY, INC., HENRY W. BORST, ET AL.

Citator

Cited By

• Carson INV. Co. v. Anaconda Copper Mining Co., 26 F.2d 651 (9th Cir. 1928)
  …& R. Co. (C. C. A.) 11 F.(2d) 764. To review our decision in that matter, the American Smelting & Refining Company applied to the Supreme Court for a writ of certiorari, but the application was denied on October 11, 1926. A. S. & R. Co. v. Carson, 273 U. S. 695, 47 S. Ct. 92, 71 L. Ed. 844. Thereafter, when the mandate from the Circuit Court of Appeals went down to the District Court in Washington, there was a hearing as to the alleged defect in parties, and John H. Miller as trustee, and the Carson Invest…
• United States v. Truckee-Carson Irrigation Dist., 649 F.2d 1286 (9th Cir. 1981)
  …other.” Restatement of Judgments, supra, § 82, Comment a. Where there is no adversity under the pleadings, co-parties may be bound only as to issues actually or necessarily litigated. Town of Flagstaff v. Walsh, 9 F. 2d 590 (9th Cir.), cert. denied, 273 U.S. 695, 47 S.Ct. 92, 71 L.Ed. 844 (1926). See also, Restatement (Second) of Judgments, supra, Comment a; Developments in the Law — Res Judicata, 65 Harv.L.Rev. 818, 860-61 (1952); Annot., 24 A.L.R.3d 318 (1969). A strict adversity requirement does not n…
• Petition of L. Boyer's Sons Co. (S.D.N.Y. 1927)
  …uit holds that the ■judgment of exoneration in the original suit bars the suit for indemnity. Town of Flagstaff v. Walsh, 9 F.(2d) 590. Notwithstanding this conflict of decision, the Supreme Court refused to review the decision in the Ninth Circuit. 273 U. S. 695, 47 S. Ct. 92, 71 L. Ed.-. I do not find the question authoritatively settled in this state, but see the recent decision of the Appellate Division for the Fourth Department, in Erie R. R. Co. v. Buffalo & Lackawanna Traction Co., 220 App. Div. 520,…