Defiance Fruit Co. v. Fox

A word or two will explain my vote, which is with the majority upon the merits of the ease but is opposed to the decision as to the constitutional disqualification of one of the members of this court, which incidentally involves an important question of practice.

The situation is correctly described in the opinion of the Chancellor. The plaintiff in error, who was the plaintiff below, had brought two suits against the defendant for the same cause of action, one in Salem county and one in Cumberland county. An application under the one hundred and sixty-fourth section of the Practice act was…