Chamberlain v. Eckert
U.S. Circuit Court for the Northern District of Illnois
This was a suit upon a promissory note. Defendant pleaded in abatement that at the time of commencement of this suit an action was pedding in the circuit court of La Salle county upon the same note, and between the same parties, which action was still pending. Plaintiff replied that on the 6th of March, after the filing of the plea in abatement, but before the replication, the suit in the state court had been dismissed. Defendant demurred to replication.
1Opinion of the Court
DRUMMOND, District Judge.
I am inclined to think that this replication ought to be held good; and, in the absence of any express authority to the contrary, I shall so hold. There is an opinion given by Chief Justice Parsons, proceeding on the ground that a suit pending at the time of the commencement of the second suit is a good plea; but this, I think, is not the present doctrine. At any rate, it is not the doctrine in this state; and I think it ought not to be because, when a suit has once been commenced, and is dismissed, the fact that it was pending at the time the second suit was brought…
2Cited by8 opinions
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Glasser, Kuder & Ottensoser v. HackettSupreme Court of Florida · 1896
- Buettinger v. HurleySupreme Court of Kansas · 1886
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
- Page v. MitchellSupreme Court of Minnesota · 1887
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