Woodbury Lumber Co. v. McIntosh

This case involves a single question, certified here by the lower. court, relating to the propriety of its denial of certain motions to dismiss. These motions were all grounded on the simultaneous existence, in two counties, of three separate litigations involving the same parties and based on the same transaction. It was the theory of defendants’ motions that this present action should not lie since it was subsequent to, and identical with, one in Chittenden County against Reginald T. Abare, and one in Lamoille County against defendants Charles F. and Alice R. McIntosh.

The controversy…