Simon v. Pyrites Co.

Rodney, J.,

delivering the opinion of the Court:

The demurrer, of course, admits all the well pleaded allegations of the plea. This presents the plain and narrow question of whether, in this state, a pending cause in the Court of Chancery for an injunction in which damages are also asked can be pleaded in abatement to an action in the Superior Court between the same parties and for the same subject-matter in which damages alone are sought. I shall not pause to consider the general proposition that it is a sufficient ground for abating a suit that another suit is pending in the same jurisdiction…