Popp v. Archbell

BRYAN, District Judge.

Before the institution of this action the plaintiff had taken a voluntary non-suit in an action commenced by him in a State court of Virginia against the present defendant upon ' the same claim, and the defendant now moves to dismiss, contending that the action is not maintainable in this court, .because of the Virginia statute,1 which reads as follows:

“* * *_ And after a lion-süit no new proceeding on the same cause of action shall be had in any court other than that in which the non-suit was taken, unless that court is without jurisdiction, or not a proper venue, or…