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SMITH v. UNITED STATES

No. 480.

155 F.Supp. 743 (1957)

Jack SMITH, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court N. D. Florida, Tallahassee Division.

September 19, 1957.

Attorney(s) appearing for the Case

David W. Palmer, Destin, Fla., for plaintiff.

Harrold Carswell, U. S. Atty., Tallahassee, Fla., for defendant.

DE VANE, Chief Judge.

Plaintiff in this case was the plaintiff in Smith v. United States, D.C., 110 F.Supp. 892, and the amount of taxes sued for in this case was due and owing at the time the earlier suit was filed.

The Court held that under the provisions of Rule 18 of the Rules of Civil Procedure, 28 U.S.C.A. (designed to prevent a multiplicity of actions), failure to include these taxes in the former suit constituted...

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