Cordier v. Cordier
New York Supreme Court
Action for divorce by reason of alleged adulteries. The defendant answered another action pending in this court for the same cause. On motion, this answer was stricken out, as sham and irrelevant, by order entered July 22, 1863. An appeal from this order was taken to the general term.
1DissentSutherland, P. J.
The general rule is: “ Nemo debet bis vexari pro eadem causa.” (Kitchen and others agt. Campbell, 3 Wilson, 308 ; Miller agt. Manice, 6 Hill, 129.)
In Kitchen agt. Campbell it is said : “ What is meant by *189the same cause of action is, where the same evidence will support both of the actions, although the actions may happen to be grounded on different writs. This is the test to know whether a final determination in a former action is a bar or not to a subsequent action.”
This test is referred to and approved in the case in 6th Hill (supra.) (See also Price agt. King, 7 John. 20; Johnson agt.…
2Cases cited3 opinions
- Rice v. KingNew York Supreme Court · 1810
- Johnson v. SmithNew York Supreme Court · 1811
- Hasbrouck v. ShusterNew York Supreme Court · 1848