Weeks v. Pearson
Superior Court of New Hampshire
Debt upon a judgment rendered in the court of common pleas in this county, January term, 1815. The defendant pleaded in bar, that at a certain justice court held by Thomas Palmer, Justice of the peace, in and for the county of Saratoga, and State of New-York, at his, the said justice’s office, in the village of Ballston Spa, in said county of Saratoga, on the 4th September, 1819, the said Brackett Weeks impleaded the said Daniel Pearson, and declared against him the said…
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Debt upon a judgment rendered in the court of common pleas in this county, January term, 1815. The defendant pleaded in bar, that at a certain justice court held by Thomas Palmer, Justice of the peace, in and for the county of Saratoga, and State of New-York, at his, the said justice’s office, in the village of Ballston Spa, in said county of Saratoga, on the 4th September, 1819, the said Brackett Weeks impleaded the said Daniel Pearson, and declared against him the said Daniel on the very same identical judgment in the plaintiff’s declaration mentioned, for a cause of action arising within…
1Opinion of the Court
By the court.
The pendency of a suit for the same cause in another state is no plea either in bar or abatement to a suit here. 9 Johns. 221, Bowne v. Joy ; 7 D. & E. 407, Maule v. Murray.
But it seems that a judgment in an action for the same cause in another state, is in general, a bar to an action here. 9 Johns. 221 ; 1 Johns. Cases, 345 ; 2 Conn. R. N. S. 85 ; 4 Cowen, 521—522 ; 16 Mass. Rep. 71, Talmage v. Chapel ; 1 Peters’ S. C. Rep. 693.
The reason why a former recovery for the same cause is a bar to a second action is, that the cause of action has passed in rem judicatum, and is…
2Cases cited2 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Bowne v. JoyNew York Supreme Court · 1812
3Cited by2 opinions
- Wolford v. ScarbroughMissouri Court of Appeals · 1929
- Yelverton v. ConantSuperior Court of New Hampshire · 1846