The Ostby Barton Co. v. Goldman

Per Curiam.(1) The defendant pleads the pendency of an action against him in Massachusetts for the same cause upon which this action is based. The mere pendency of a suit in one State cannot be pleaded in abatement or in bar of a second action in another State between the same parties for the same cause of action. Black. Judg. § 865 and cases cited; Stanton v. Embry, 93 U. S. 548; Allen v. Watt, 69 Ill. 655 ; Cole v. Flitcraft, 47 Md. 312; Paine v. Schenectady Co., 11 R. I. 411.

Cooke & Angelí, for plaintiff. Page <& Page, for defendant.

Plaintiff’s demurrer to plea of Us penclens sustained.