Legal Opinion
Mache v. Weyerhaeuser S. S. Co.
District Court, W.D. Washington
Decided July 29, 1938No. 14003PublishedCited by 2 opinions
1Opinion of the Court
NETERER, District Judge.
The libellant contends that he may proceed with both cases in Federal Court and State Court at the same time as a matter of right. It is primer law that pending of two actions between the same parties for the same subject matter is not cause for abatement of one action. The libellant cites a number of authorities from the Supreme court of the State of Washington. In State ex rel. Milwaukee Lumber Co. v. Superior Court, 147 Wash. 615, 266 P. 1054, was a denial of a writ of prohibition against the court in which the last action was filed; and the court said that upon the…
2Cases cited5 opinions
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
- Townsend v. RosenbaumWashington Supreme Court · 1936
- Northwest Engineering Co. v. Chadwick Machinery Co.Court of Appeals of Texas · 1936
- State Ex Rel. Milwaukee Lumber Co. v. Superior CourtWashington Supreme Court · 1928
3Cited by2 opinions
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