Legal Opinion

A. M. Sloan & Co. v. McDowell

Supreme Court of North Carolina

Decided June 5, 1876PublishedCited by 19 opinions

Civil Action, tried before Schenck, J., at Spring Term, 1876, of Mecklenburg Superior Court. The case was before this Court at June Term, 1874, and is reported in 71 N. C. Rep. 356. The case was heard at this term upon the following CASE AGREED Í It was in evidence that John PI. Sloan, one of the original plaintiffs, died since the commencement of this action and the case was prosecuted in the name of A. M. Sloan, surviving partner.

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Civil Action, tried before Schenck, J., at Spring Term, 1876, of Mecklenburg Superior Court. The case was before this Court at June Term, 1874, and is reported in 71 N. C. Rep. 356. The case was heard at this term upon the following CASE AGREED Í It was in evidence that John PI. Sloan, one of the original plaintiffs, died since the commencement of this action and the case was prosecuted in the name of A. M. Sloan, surviving partner. Upon the trial of the cause, before going into the facts before the jury, the plaintiff offered in evidence a record of the Circuit Court of the United States for…

1Opinion of the CourtReade, J.

The rights and liabilities 'of the parties^ as they were then before us, were declared in 71 N. C. Rep., 356. We then held that under C. C. P. sec. 248, the defendant was entitled to set up his claim against one of the plaintiffs as a-counter-claim.

We now have the case before us upon two points.

I. First, is a suit pending in the Circuit Court of the U.. S. for the State of Georgia by the defendant McDowell against one of the plaintiffs, Sloan, for this same counterclaim a bar to its being set up in this action ?

The impolicy and injustice of pursuing a man in several suits at the same time for…

2Cases cited2 opinions

  1. Bowne v. JoyNew York Supreme Court · 1812
  2. Sloan v. . McDowellSupreme Court of North Carolina · 1874

3Cited by19 opinions

  1. Eways v. Governor's IslandSupreme Court of North Carolina · 1990
  2. McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
  3. Sather v. GiaconiOregon Supreme Court · 1923
  4. Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891
  5. Ball-Thrash & Co. v. McCormickSupreme Court of North Carolina · 1913

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