City of Ironton v. Harrison Const. Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Action by the Harrison Construction Company against the City of Ironton, Ohio. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Action by the Harrison Construction Company against the City of Ironton, Ohio. Judgment for plaintiff, and defendant brings error. In March; 1907, the city of Ironton and the Harrison Construction Company entered into a written contract by which the latter agreed to construct for the former a waterworks plant consisting of a battery of wells and a pipe line, all for a stated price. The contract provided that the work should be done under the supervision of…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1, 2] 1. The city complains that this suit was not abated, or, at least, stayed, because of the prior suit in the state court. Of this claim it is sufficient to say that there had been no final judgment in the state court; that the plea was therefore, in effect, not one of prior adjudication, but one of prior suit pending, and that a prior suit pending in a state court will not abate a later suit in a federal court, even if between the same parties upon the same issue, and even if the two courts are in the same district of the same state. City v. Clark (C.…
2Cases cited14 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- United States v. BehanSupreme Court of the United States · 1884
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
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3Cited by16 opinions
- Mottolese v. KaufmanCourt of Appeals for the Second Circuit · 1949
- Saalfield Pub. Co. v. G. & C. Merriam Co.Court of Appeals for the Sixth Circuit · 1917
- Dickinson v. General Accident Fire & Life Assur. Corp.Court of Appeals for the Ninth Circuit · 1945
- James v. NelsonCourt of Appeals for the Ninth Circuit · 1937
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
11 more not listed; retrieve them via the Exa API.