Mathews v. Hennepin County Savings Bank
Supreme Court of Minnesota
Appeal by plaintiffs from a judgment of abatement, entered in the district court for Hennepin county, where the issue on defendants’ plea of another action pending for the same cause was tried by Young, J. The defendants are the bank above named and John J. Taaffe.
1Opinion of the CourtDickinson, J.
This is an appeal by the plaintiffs from a judgment of abatement, entered by direction of the court on the ground of the pendency of a former action by these plaintiffs against the defendant Taaffe, for what was deemed to be the same cause of action as that here presented. We do not regard the causes of action to be the same. The former action was for the recovery of the possession of real property on a declaration of title in the plaintiff, — the legal action of ejectment, in which the legal title only was in issue, *443the defendant asserting title to be in himself through the foreclosure of a…
2Cases cited1 opinion
- Coles v. YorksSupreme Court of Minnesota · 1883
3Cited by4 opinions
- Watson v. RichardsonSupreme Court of Iowa · 1899
- William Weisman Holding Co. v. MillerSupreme Court of Minnesota · 1922
- Koch v. KochSupreme Court of Minnesota · 1936
- Higgins v. LamoreauxSupreme Court of Minnesota · 1924