Bates v. Chesebro
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rock County. Tbe defendant appealed from a judgment against bim. Tbe case is sufficiently stated in tbe opinion. argued, inter alia, tbat tbe motion for a nonsuit on tbe ground of tbe pendency of a former action should have been granted. Tbe'common law rule is, tbat if the first action is pending and undetermined when tbe second action is commenced, tbe second must abate. 1 Cbitty’s PL, 454 and note.
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APPEAL from tbe Circuit Court for Rock County. Tbe defendant appealed from a judgment against bim. Tbe case is sufficiently stated in tbe opinion. argued, inter alia, tbat tbe motion for a nonsuit on tbe ground of tbe pendency of a former action should have been granted. Tbe'common law rule is, tbat if the first action is pending and undetermined when tbe second action is commenced, tbe second must abate. 1 Cbitty’s PL, 454 and note. This rule was so far relaxed in tbe state of New York as to permit a plaintiff to discontinue tbe first action after its pendency had been set up in tbe second,…
1Opinion of the CourtCole, J.
We think there was no error in tbe ruling of tbe court refusing to grant tbe nonsuit upon tbe facts. Tbe ground wbicb was relied on in support of tbe motion was, that it appeared from the plaintiff’s own case that there was another action pending between tbe same parties and for tbe same cause at tbe tbe time of tbe commencement of this suit, and that tbe same was still pending. It appeared from tbe record that this action was commenced by personal service of tbe summmons and complaint on tbe defendant on the 23d day of March, 1871. Tbe answer in the action was served on the 5th of April…
2Cases cited4 opinions
- Averill v. . PattersonNew York Court of Appeals · 1853
- Chapin v. . ThompsonNew York Court of Appeals · 1882
- Allis v. . ReadNew York Court of Appeals · 1871
- Bissell v. BalcomNew York Supreme Court · 1863
3Cited by10 opinions
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- Pike v. VaughnWisconsin Supreme Court · 1876
- Barrett v. WhitmoreWyoming Supreme Court · 1922
- Winner v. KuehnWisconsin Supreme Court · 1897
- Hanson v. RoterWisconsin Supreme Court · 1885
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