Wilson v. Milliken
Court of Appeals of Kentucky
Case 22 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. (Brief not in the Record.) 1. A plea in abatement that another action between the same parties, ■and upon the same facts was then pending and undisposed of, can not be defeated by the subsequent dismissal of the first action. Frogg’s Exrs. v. Long’s Admr., 3 Dana, 157; Gist v. Shean, 8 Ky. L. Rep., 509; Herndon v. Campbell, 9 Ky. L. Rep., 681; Draughn. v. Wolf, 11 Ky.
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Case 22 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. (Brief not in the Record.) 1. A plea in abatement that another action between the same parties, ■and upon the same facts was then pending and undisposed of, can not be defeated by the subsequent dismissal of the first action. Frogg’s Exrs. v. Long’s Admr., 3 Dana, 157; Gist v. Shean, 8 Ky. L. Rep., 509; Herndon v. Campbell, 9 Ky. L. Rep., 681; Draughn. v. Wolf, 11 Ky. Law Rep., 366; Civil Code, section 92. The only reply to such a plea is mil tiel record. Pitts & Conn. R. R. Co. v. Mt. Pleasant, &e., R.…
1Opinion of the Court
JUDGE WHITE
delivered the opinion op the court.
This action was brought by appellant for damages for $1,900 claimed for an injury. The petition was filed August 22, 1895.
Appellee filed an answer which develops the fact that this same appellant had theretofore brought an action for the identical same injury in the Jefferson Circuit Court, claiming damages in the sum of $5,000, and that this first case had on petition been transferred' to the United 'States Circuit Court by appellee., and that this suit, in the United States Circuit Court, at the date of filing the answer, was then pending and…
2Cases cited11 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Gordon v. GilfoilSupreme Court of the United States · 1879
- Warder v. HenrySupreme Court of Missouri · 1893
- Oneida County Bk. v. . BonneyNew York Court of Appeals · 1886
- Trawick v. Martin Brown Co.Texas Supreme Court · 1889
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- Alabama Power Co. v. Gulf Power Co.District Court, M.D. Alabama · 1922
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
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