Quinebaug Bank v. Tarbox
Supreme Court of Connecticut
in ERROR. The original suit was a complaint of forcible entry and de-tainer, made by George W. Tarbox, against The Quinebaug Bank, returnable to Belton A. Copp, a county commissioner, and Philo M. Judson, a justice of the peace, alleging, that on the 11th day of August, 1849, the defendants made forcible entry into a certain manufacturing establishment, called the Eagleville manufactory, and the mill at Eagleville, situated in the town of Lisbon, of which the complainant was…
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in ERROR. The original suit was a complaint of forcible entry and de-tainer, made by George W. Tarbox, against The Quinebaug Bank, returnable to Belton A. Copp, a county commissioner, and Philo M. Judson, a justice of the peace, alleging, that on the 11th day of August, 1849, the defendants made forcible entry into a certain manufacturing establishment, called the Eagleville manufactory, and the mill at Eagleville, situated in the town of Lisbon, of which the complainant was then in the lawful and peaceable possession, and disseised the complainant, and with a strong hand detains the same,…
1Opinion of the CourtStorrs, J.
There is a plea in abatement to this writ of error, founded on the pendency, when it was instituted, of another writ of error, brought to reverse the judgment sought to be reversed in the present case.
The general principle is well settled, that the pendency of a prior suit between the same parties, for the same thing, will abate a latter suit; because, in such a case, the last is deemed to be unnecessary, and therefore vexatious. But this principle, although general, is not universal. It does not prevail, at least in our courts, where it is made to appear that the last is not vexatious, but…
2Cases cited1 opinion
- Durand v. CarringtonSupreme Court of Connecticut · 1792
3Cited by28 opinions
- Connecticut Light & Power Co. v. WalshSupreme Court of Connecticut · 1948
- Bayer v. Showmotion, Inc.Supreme Court of Connecticut · 2009
- Kelly v. DeweySupreme Court of Connecticut · 1930
- Farley-Harvey Co. v. MaddenSupreme Court of Connecticut · 1927
- Glasser, Kuder & Ottensoser v. HackettSupreme Court of Florida · 1896
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