Walsh v. Durkin
New York Supreme Court
THIS was an action of assumpsit. The declaration contain- * ed3 beside the usual money counts, a special count for work and labour, and services done as agents of the defendants, Sec. The defendants pleaded, in abatement, another action brought by the plaintiffs against the defendants, pending in the court of the United States for the fifth circuit and Virginia district, upon the same promises and undertakings as are set forth,in the declaration in this suit.
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THIS was an action of assumpsit. The declaration contain- * ed3 beside the usual money counts, a special count for work and labour, and services done as agents of the defendants, Sec. The defendants pleaded, in abatement, another action brought by the plaintiffs against the defendants, pending in the court of the United States for the fifth circuit and Virginia district, upon the same promises and undertakings as are set forth,in the declaration in this suit. To this plea there was a demurrer, and joinder in demurrer.
1Opinion of the CourtYates, J.
delivered the opinion of the court. ' To say that the proceedings Of a court under the government of the United' [States, could, in.any respect, be received and treated like those ■ of a - foreign tribunal,' by á court of. One of these states, would seem to involve dti absurdity. The present; however, is such a case, and, at the game time, it is ,perfectly, reasonable that jurisdiction should be retained,, to avoid the embarrassments which would inevitably ensue, if proceedings in the circuit court of the United States could arrest the progress-of a suit brought in this court*. •
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