Burrows v. Miller & Miller
New York Supreme Court
Toa complaint on a promissory note, the defendants pleaded the pendency of a suit for the same cause in one of the circuit courts of the State of Indiana; to which the plaintiff demurred.
1Opinion of the Court
Edmonds, Justice.
It is conceded that this plea is not good unless the Code has altered the former rule. Section 144 allows the defendant to demur to the complaint when it appears on the face thereof that there is another action pending between the same parties for the same cause of action and § 147 allows the objection to be taken by answer when it does not appear on the face of the complaint.
This language, it is true, is broad enough, taken in its literal sense, to overturn the former rule, and it is insisted that under it, we ought rather to adopt the rule which allows a foreign attachment…
2Cases cited1 opinion
- Wheeler v. RaymondNew York Supreme Court · 1828
3Cited by10 opinions
- Oneida County Bk. v. . BonneyNew York Court of Appeals · 1886
- Caine v. Seattle & Northern Railway Co.Washington Supreme Court · 1895
- Tyler v. Standard Wine Co.New York Supreme Court · 1907
- Bishop v. BishopThe Superior Court of New York City · 1867
- Gray v. Delaware & Hudson Canal Co.New York Supreme Court · 1878
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