Douglas v. Hoag
New York Supreme Court
FROM the return made to the certiorari in this cause, it appeared, that Dousrlas, the defendant below, was sued , A. . . - . , , . , , by Hoag, m an action of assumpsit; and pleaded to the plaintiff’s declaration, that previous to the commencement of that action, he had brought an action against Hoag, before another justice of the peace, in a plea of trespass on the case, and that the summons had been duly served on „ , - , . . _ Hoag, prior to the commencement of this…
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FROM the return made to the certiorari in this cause, it appeared, that Dousrlas, the defendant below, was sued , A. . . - . , , . , , by Hoag, m an action of assumpsit; and pleaded to the plaintiff’s declaration, that previous to the commencement of that action, he had brought an action against Hoag, before another justice of the peace, in a plea of trespass on the case, and that the summons had been duly served on „ , - , . . _ Hoag, prior to the commencement of this action. On a demurrer to the plea, the same was overruled by the justice, and a judgment rendered against Douglas. A motion…
1Opinion of the CourtSpencer, J.
The error assigned in this case, is, that the justice improperly overruled the plea of the pendency of another suit before another justice. The suit thus alleged to be pending, had been so far instituted, that a summons had been served. To any other court than that of a justice, it would be a frivolous objection, that one party had commenced a suit against the other, because, though the defendant, in the first suit, may set-off his demand, yet he cannot be obliged to do so, nor does he forfeit his debt, if he omit it. It is supposed, that the 9th section of the $25 *284act,' gives a right.to the…
2Cited by6 opinions
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