Whiting v. Burger
Supreme Judicial Court of Maine
On exceptions by the plaintiffs. Assumpsit on an account annexed. The defendants filed, 1. A plea to the jurisdiction of the court. 2. A plea of a i’ecovery February 4th, 1885, pending this suit, of a judgment by these plaintiffs against these defendants for the same causes of action. This was Saturday. On Monday, the defendants sought and obtained leave to file the general issue, which was joined the same day.
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On exceptions by the plaintiffs. Assumpsit on an account annexed. The defendants filed, 1. A plea to the jurisdiction of the court. 2. A plea of a i’ecovery February 4th, 1885, pending this suit, of a judgment by these plaintiffs against these defendants for the same causes of action. This was Saturday. On Monday, the defendants sought and obtained leave to file the general issue, which was joined the same day. On the next day the plaintiffs moved to strike out the special pleas, and upon hearing, the plea to the jurisdiction was struck out, and the other allowed to stand. The plaiiitiffs…
1Opinion of the CourtLibbey, J.
This case was tried by the judge presiding below without the intervention of a jury, who rendered judgment for-the defendants.
The most important question involved in the case is, whether-the former judgment pleaded and put in evidence by the defendants is a bar to the further maintenance of the action. With the fact found by the judge we think it is. The plaintiffs were residents of Massachusetts, and the defendants were residents of' New York. This action was commenced September 12, 1884, by attachment of the defendants’ property in this state. January 9, 1885, the plaintiffs commenced…
2Cases cited8 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Mills v. DuryeeSupreme Court of the United States · 1813
- Dobson v. . PearceNew York Court of Appeals · 1854
- Campbell v. RankinSupreme Court of the United States · 1879
- Insurance Co. v. HarrisSupreme Court of the United States · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Duncan v. RobbinsSupreme Judicial Court of Maine · 1963
- U. S. Life Insurance v. GageNew York Supreme Court · 1890
- Squires v. Inhabitants of City of AugustaSupreme Judicial Court of Maine · 1959
- Squires v. Inhabitants of City of AugustaSupreme Judicial Court of Maine · 1959