Legal Opinion

Parker v. Colcord

Superior Court of New Hampshire

Decided May 15, 1819Published

An action is “ pending” after it is entered. An action is commenced after the writ is served, however it may be after the. writ is sued out. An action pending is not discontinued, till the agreement to discontinue be entered on the record ; and when entered, the discontinuance does not relate back to the date of the agreement.

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An action is “ pending” after it is entered. An action is commenced after the writ is served, however it may be after the. writ is sued out. An action pending is not discontinued, till the agreement to discontinue be entered on the record ; and when entered, the discontinuance does not relate back to the date of the agreement. If a subsequent action be commenced, while a prior one between the same parties and for the same cause of action is pending, the pendency of the prior one may be pleaded in abatement, though discontinued before the plea was pleaded, In actions on probate bonds, the…

1Opinion of the Court

Woodbury, J.,

declared the opinion of the court.

‘There is some apparent contrariety in the books as to the meaning of the words, lis pendens, or “ the pendency of a suit.” But whether a suit be pending, by the purchase ol a writ, (1) or the service of it, (2) or the filing of bail,(3) or the entry of the action(4) — all these events had happened in the first suit, prior to the commencement of the present one. We say its commencement.; for the last writ was purchased and served, after, the entry of the former action, and before the term to which it was continued ; and these acts are amply…

2Cases cited5 opinions

  1. Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
  2. Thomas v. RumseyNew York Supreme Court · 1810
  3. Inches v. LeonardMassachusetts Supreme Judicial Court · 1815
  4. Kent v. KentMassachusetts Supreme Judicial Court · 1807
  5. Mooney v. DemerritSuperior Court of New Hampshire · 1818

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