Smith v. Atlantic Mutual Fire Insurance
Superior Court of New Hampshire
Assumpsit on a policy of insurance. The defendants pleaded in abatement that, at the time of the commencement of the plaintiff’s suit, another action was pending for the same cause between the same parties in the Circuit Court of the United States for the District of New Hampshire, and was still pending; that the plaintiff’s demand in that suit amounted to five hundred dollars ; that he was a resident in the State of Massachusetts, and that the Circuit Court had…
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Assumpsit on a policy of insurance. The defendants pleaded in abatement that, at the time of the commencement of the plaintiff’s suit, another action was pending for the same cause between the same parties in the Circuit Court of the United States for the District of New Hampshire, and was still pending; that the plaintiff’s demand in that suit amounted to five hundred dollars ; that he was a resident in the State of Massachusetts, and that the Circuit Court had jurisdiction. There was no affidavit to the truth of the matter pleaded, nor any enrolment or recital of the writ or declaration in…
1Opinion of the CourtPerley, J.
The ground is taken for the plaintiff that, as to the courts and government of New Hampshire, the Circuit Court of the United States for this district, is to be regarded as a court of foreign jurisdiction; and for that reason an action pending in the Circuit Court of this district cannot be pleaded in abatement of a subsequent suit brought for the same cause in a court of this State.
The judiciary of the United States is a branch of the general government of this country established by the Constitution. The Circuit Court of the United States, within its territorial limit, and as to causes…
2Cases cited3 opinions
- Walsh v. DurkinNew York Supreme Court · 1815
- Beach v. NortonSupreme Court of Connecticut · 1830
- Nelson v. SwettSuperior Court of New Hampshire · 1827
3Cited by1 opinion
- Eways v. Governor's IslandSupreme Court of North Carolina · 1990