Gamsby v. Ray
Supreme Court of New Hampshire
Assumpsit, by Julia A. Gamsby against Orman P. Ray. The plaintiff commenced a suit against the defendant by writ dated July 25,1872, which writ was duly served upon the defendant by attaching property and leaving a summons.
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Assumpsit, by Julia A. Gamsby against Orman P. Ray. The plaintiff commenced a suit against the defendant by writ dated July 25,1872, which writ was duly served upon the defendant by attaching property and leaving a summons. On August 5, 1872, the following notice, in writing, was served upon the defendant, to wit, — “To Orman P. Ray: You are hereby notified that the suit against you by Julia A. Gamsby, commenced by writ dated July 25, 1872, is hereby discontinued, and you need not appear at the return day thereof. Julia A. Gamsby, “August 5, 1872. By her attorney, J. H. Dudley.” Upon the back…
1Opinion of the CourtDoe, J.
Would the two suits have been pending at the same time if the plaintiff had not notified the defendant, before commencing the second suit, that the first was discontinued ? ' This question was considered, and a strong opinion in the affirmative was expressed, though the point was left undecided in Bennett v. Chase, 21 N. H. 570, 581, 584. Pleas of this kind are sustained as a method of enforcing the principle of law that a man shall not, at one time, be harassed and oppressed by several suits brought against him by the same plaintiff on the same cause of action ; and this principle applies as…
2Cases cited14 opinions
- Quinebaug Bank v. TarboxSupreme Court of Connecticut · 1850
- Averill v. . PattersonNew York Court of Appeals · 1853
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
- Langham v. ThomasonTexas Supreme Court · 1849
- Rogers v. HoskinsSupreme Court of Georgia · 1854
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