Falls City Const. Co. v. Monroe County
District Court, E.D. Arkansas
At Raw. Action by the Falls City Construction Company against Monroe County. On demurrer to plea. The plaintiff seeks to recover a judgment on county warrants issued to it by the defendant county in payment for the construction of a courthouse. One of the defenses set up is the plea that there is another action pending in the county court of Monroe county, Ark., upon the. same warrants.
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At Raw. Action by the Falls City Construction Company against Monroe County. On demurrer to plea. The plaintiff seeks to recover a judgment on county warrants issued to it by the defendant county in payment for the construction of a courthouse. One of the defenses set up is the plea that there is another action pending in the county court of Monroe county, Ark., upon the. same warrants. The plea is that “on the 7th day of July, 1913, the county court of Monroe county made an order that all warrants outstanding against said county of Monroe, issued prior to May 15, 1913, be called in, and all…
1Opinion of the CourtTrieber, District Judge
[1] (after stating the facts as above). Assuming for the present that the county courts of the state of A rkan-sas when calling in warrants for examination and reissuance under the provisions of the statutes of that state, as hereinbefore set out, are acting in a judicial capacity, and that the order calling in such warrants makes it an action pending in that court, the plea is bad, for it is well settled by all the authorities that the pendency of an action in a court of a foreign jurisdiction is no bar to maintaining an action in a domestic court of competent jurisdiction. For that purpose…
2Cases cited9 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- Wall v. County of MonroeSupreme Court of the United States · 1881
- Russell v. JacowaySupreme Court of Arkansas · 1878
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Twentieth Century Machinery Co. v. Loew Mfg. Co.Court of Appeals for the Sixth Circuit · 1917
- Doane v. California Land Co.Court of Appeals for the Ninth Circuit · 1917
- Adler Goldman Commission Co. v. WilliamsDistrict Court, W.D. Arkansas · 1914
- City of Livingston v. Monidah TrustCourt of Appeals for the Ninth Circuit · 1919