Kirby v. Jackson
Supreme Court of Vermont
Assumpsit. Plea in abatement the pendency of a former suit, and replication that the former suit was discontinued before tbe commencement of this suit. Trial by jury, September term, 1869, PieRpoint, O. J., presiding. It appeared on the trial that on the 19th day of March, 1869, the plaintiff commenced a suit against the defendant, returnable to the April term of the county court, for the same cause of action embraced in the present suit.
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Assumpsit. Plea in abatement the pendency of a former suit, and replication that the former suit was discontinued before tbe commencement of this suit. Trial by jury, September term, 1869, PieRpoint, O. J., presiding. It appeared on the trial that on the 19th day of March, 1869, the plaintiff commenced a suit against the defendant, returnable to the April term of the county court, for the same cause of action embraced in the present suit. Service was made in that action, on that day, personally, and also by attachment of defendant’s property, real and personal, by leaving a true and attested…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The only question presented by the pleadings and facts in this case is whether the county court decided correctly as to what constituted the commencement and pendency of this action. The defendant pleaded in 'abatement the pendency of a former suit, and the plaintiff replied that the former suit was discontinued before the commencement of this suit, and issue thereon *554was joined to the country. It appears that, on the 22d day of March, 1869, and before the entry of the former action in court, the plaintiff directed his attorney to discontinue…
2Cases cited2 opinions
- Downer v. GarlandSupreme Court of Vermont · 1849
- Hill v. DunlapSupreme Court of Vermont · 1843
3Cited by7 opinions
- Wilson v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1902
- Tracy v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
- Randall & Durant v. BaconSupreme Court of Vermont · 1876
- Gamsby v. RaySupreme Court of New Hampshire · 1872
- Sons v. GriggsSupreme Court of Vermont · 1880
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