Crane v. Larsen
Oregon Supreme Court
Appeal from Multnomah County. Facts are stated in the opinion. The pendency of a prior suit will be cause for abatement without inquiry. (State v. Dougherty, 45 Mo. 294; Gransby v. Ray, 52 N. H. 513.) This is a suit in equity and not an action at law; and the same rule governing au action at law does not obtain in equity in matters of abatement.
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Appeal from Multnomah County. Facts are stated in the opinion. The pendency of a prior suit will be cause for abatement without inquiry. (State v. Dougherty, 45 Mo. 294; Gransby v. Ray, 52 N. H. 513.) This is a suit in equity and not an action at law; and the same rule governing au action at law does not obtain in equity in matters of abatement. It is immaterial upon which side of the case the plaintiff in this suit was in the former suit; nor whether defendants in this suit were plaintiffs or defendants in the former suit. And it is immaterial whether there are more parties on either side in…
1Opinion of the CourtThayer, J.
The respondent commenced a suit in the said Circuit Court for Multnomah County, against the appellants, for a settlement of partnership business arising out of an alleged partnership between the said parties. The appellants interposed *347as an answer the following matter, viz. (omitting title): “Now, on this day, comes the above-named defendants, and for answer to the plaintiff’s complaint, states that at the time of this suit there was, and now is, another suit pending in the said Circuit Court of the State of Oregon, for the county of Multnomah, between the same parties to this suit, and for…
2Cases cited1 opinion
- Bradley v. BosleyNew York Court of Chancery · 1845
3Cited by14 opinions
- Monroe v. Reid, Murdock & Co.Nebraska Supreme Court · 1895
- Farmers & Merchants National Bank v. FosterSupreme Court of South Carolina · 1925
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1903
- Beneke v. TuckerOregon Supreme Court · 1918
- Gilman v. GilmanWashington Supreme Court · 1952
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