Interstate Chemical Corp. v. Home Guano Co.
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by the Interstate Chemical Corporation against the Home Guano Company. Judgment for defendant and plaintiff appeals.
1Opinion of the CourtMcCLELLAN, J.
Effecting to change the rule that had previously prevailed here, it was decided on rehearing in Coaldale Brick Co. v. Sou. Const. Co., 110 Ala. 605, 613, 614, 19 South. 45, that a second action, between the same parties for the same cause, in a court of competent jurisdiction, could not be abated because of the pendency of the first action if the first action was dismissed before the filing of a plea in abatement of the second action because of the pendency of the first action. This announcement was repeated in S.-S. & I. Co. v. Milbra, 173 Ala. 658, 666, 55 South. 890. The court attained…
2Cases cited7 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
- Howell v. HowellSupreme Court of Alabama · 1911
- Orman v. LaneSupreme Court of Alabama · 1900
- Sloss-Sheffield Steel & Iron Co. v. MilbraSupreme Court of Alabama · 1911
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3Cited by20 opinions
- Terrell v. City of BessemerSupreme Court of Alabama · 1981
- Norris v. StateSupreme Court of Alabama · 1934
- Ex Parte DunlapSupreme Court of Alabama · 1923
- Eways v. Governor's IslandSupreme Court of North Carolina · 1990
- Alabama Power Co. v. City of ScottsboroSupreme Court of Alabama · 1939
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