Woren v. Witherbee
District Court, N.D. New York
At I,aw. Separate actions, by Joseph Woren and by Branislaw Kuzman against Witherbee, Sherman & Co. On motions by the defendants to stay the further prosecution of the actions until the trial and determination of actions by the same plaintiffs, respectively, against the same defendants, for the same cause, pending in the state court.
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At I,aw. Separate actions, by Joseph Woren and by Branislaw Kuzman against Witherbee, Sherman & Co. On motions by the defendants to stay the further prosecution of the actions until the trial and determination of actions by the same plaintiffs, respectively, against the same defendants, for the same cause, pending in the state court. Motions by defendants, respectively, to stay the further prosecution of these suits in this court until the trial and determination of suits by the same plaintiffs, respectively, against the same defendants, respectively, for the same cause, respectively, now…
1Opinion of the Court
RAY, District Judge.
It would seem to be the law that a person having a cause of action, or claiming to have a cause of action, against a defendant, may bring suit thereon in the state court, proper county, and also in the United States District Court, proper district. The pendency of the one suit in the one court is not a bar to the suit in the other or to its prosecution. This assumes, of course, that for purposes of jurisdiction in the United States court there is the necessary diversity of citizenship and amount in controversy. Here it is conceded that in each suit more than $3,000,…
2Cases cited18 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- McClellan v. CarlandSupreme Court of the United States · 1910
- Taylor v. TaintorSupreme Court of the United States · 1873
- Freeman v. HoweSupreme Court of the United States · 1861
- Buck v. ColbathSupreme Court of the United States · 1866
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Atlantic Fruit Co. v. Red Cross LineDistrict Court, S.D. New York · 1921
- Burke Const. Co. v. KlineCourt of Appeals for the Eighth Circuit · 1921
- United States v. ContiDistrict Court, S.D. New York · 1939
- United States v. PalmerDistrict Court, S.D. New York · 1939
5 more not listed; retrieve them via the Exa API.