Brooks v. Mills County
U.S. Circuit Court for the District of Iowa
The complainants [John W. Brooks and Al-pheus Hardy] exhibited a bill in equity to quiet the title to certain real estate, to which the defendant [Mills county] filed a plea in abatement, setting up the pendency of a suit in the district court of Mills county, Iowa, involving the same subject matter, to which plea the complainants replied that they were not made parties to the suit in the Mills county court.
1Opinion of the Court
LOVE, District Judge.
This cause is before the court upon a plea in abatement. The plea sets up the pendency of a prior suit upon the same subject matter, and between the same parties, in the district court of Mills county, Iowa. If the plea really presented the question which the pleader intended to raise, it would be one of no little difficulty. That question is whether or not a party may, in the United States circuit court for any district, plead in abatement of a suit therein the pendency of a prior suit in a state court within the same district, between the same parties, upon the same…
2Cases cited7 opinions
- McJilton v. LoveIllinois Supreme Court · 1851
- Mitchell v. BunchNew York Court of Chancery · 1831
- Bowne v. JoyNew York Supreme Court · 1812
- Walsh v. DurkinNew York Supreme Court · 1815
- Haight v. HolleyNew York Supreme Court · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Radford v. FolsomU.S. Circuit Court for the Southern District of Iowa · 1882
- Latham v. ChafeeU.S. Circuit Court for the District of Rhode Island · 1881
- Seymour v. Malcolm McDonald Lumber Co.Court of Appeals for the Sixth Circuit · 1893
- Hughes v. GreenU.S. Circuit Court for the District of Colorado · 1896
- Central Railroad v. N. J. West Line RailroadNew Jersey Court of Chancery · 1880