Fleming v. Courtenay
Supreme Judicial Court of Maine
Exceptions by plaintiff. Bill in equity under R. S., c. 87, § 19. An action at law, see p. 128, ante, was pending between the same parties. On motion .of the defendant, the plaintiff was ordered to elect between the two suits. To this order the plaintiff excepted.
1Opinion of the CourtWhitehouse, J.
This case comes to the law court on the plaintiff’s exceptions to an order of the presiding justice compelling her to elect whether she would proceed with this suit in equity or with an action at law, which the plaintiff was then prosecuting against this defendant in the same jurisdiction, for the same cause set forth in this bill in equity. By the terms of the order, the plaintiff was required to make her election within eight days, and if she elected to proceed at law, or failed to make any election, her bill in equity was to be dismissed with costs. The plaintiff took exceptions to the…
2Cases cited3 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Rogers v. VosburghNew York Court of Chancery · 1819
- Dunlap v. NewmanSupreme Court of Alabama · 1875
3Cited by5 opinions
- Capital City Bank v. HilsonSupreme Court of Florida · 1912
- Illinois Minerals Co. v. MillerAppellate Court of Illinois · 1946
- Cooper v. Fidelity Trust Co.Supreme Judicial Court of Maine · 1934
- Morlan v. Lucey Mfg. Corp.District Court, S.D. California · 1925
- Banner Manufacturing Co. v. United StatesUnited States Court of Claims · 1953