Wales v. Jones
Michigan Supreme Court
Case reserved, from Wayne Circuit Court. Suit by attachment. Plea in abatement, of the commencement of another suit at the same time and for the same cause of action. Demurrer and joinder.
1Opinion of the Court
By the court,
Green, J.
Several questions were made on the argument of the demurrer in this cause, and it is insisted that the plea in abatement is had: 1, Because it does not aver that the other suit is still pending at the time of pleading.
The general rule seems to he well settled, according to the English authorities, that when two suits are commenced at the same time, for the same cause of action, they mutually abate each other; and that the writs in both being had, ah initio, no subsequent discontinuance of one will make the other good; and that a former suit for the same cause, pending at…
2Cited by8 opinions
- Wyngarden v. LahuisMichigan Supreme Court · 1930
- Pew v. YoareMichigan Supreme Court · 1863
- Heyman v. CovellMichigan Supreme Court · 1877
- Brown v. Doak Co.Indiana Court of Appeals · 1921
- Blythe v. RupfPennsylvania Court of Common Pleas · 1938
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