Hill v. Dunlap
Supreme Court of Vermont
This was an action of trespass, appealed from a justice of the peace to the county court. The defendant pleaded in •abatement the pendency, at the commencement of the present suit, of another suit for the same cause of action. The plea was traversed, and issue joined to the court.
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This was an action of trespass, appealed from a justice of the peace to the county court. The defendant pleaded in •abatement the pendency, at the commencement of the present suit, of another suit for the same cause of action. The plea was traversed, and issue joined to the court. On trial, it appeared that this suit was commenced by writ, issued by Azel Spalding, justice of the peace, on the 15th of March, 1842, returnable before him on the 21st, and served on the defendant on the 15th; that there had been a suit Tor the same cause of action, commenced by writ, issued by Horner W. Heaton,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question reserved in this case is, whether the county court decided correctly upon an issue of fact, joined to them, upon the traverse of a plea in abatement, of the pendency of a former suit, at the time the writ in this action was served.
The suits must have been both pending at the same time, or there is no ground of pleading in abatement, on that account. If that is not the case, there is nothing vexatious. If they were both pending at the same time, the former suit will abate the latter, but not vice versa. In this state, we…
2Cited by9 opinions
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- Downer v. GarlandSupreme Court of Vermont · 1849
- Kirby v. JacksonSupreme Court of Vermont · 1870
- Connecticut & Passumpsic Rivers Railroad v. NewellSupreme Court of Vermont · 1858
- Ballou v. BallouSupreme Court of Vermont · 1854
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