Prosser v. Chapman
Supreme Court of Connecticut
Assumpsit, brought originally before a justice of the peace. The defendant before the justice pleaded in abatement the pendency of another suit for the same cause of action. The justice, on an issue closed upon this plea, rendered judgment against the defendant, from which the defendant moved for an appeal to the superior court. The justice refused to allow the appeal and ordered him to plead to the merits.
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Assumpsit, brought originally before a justice of the peace. The defendant before the justice pleaded in abatement the pendency of another suit for the same cause of action. The justice, on an issue closed upon this plea, rendered judgment against the defendant, from which the defendant moved for an appeal to the superior court. The justice refused to allow the appeal and ordered him to plead to the merits. The defendant then pleaded the general issue, upon which the case was tried and judgment rendered for the plaintiff. The defendant then moved for an appeal from both judgments to the…
1Opinion of the CourtSanford, J.
I have no doubt that the plea in abatement filed before the justice ought there to have prevailed. Another *520suit for the same matter, cause and thing had been commenced, and was pending when this suit was brought. This suit was therefore prima facie vexatious, and no sufficient reason was shown for its institution. The misjoinder of counts in the first suit, the only reason assigned for the institution of the second, might have been remedied by striking out, or entering a nolle prosequi to either of those counts ; and then the plaintiff’s claim could have been as well prosecuted in that suit…
2Cases cited4 opinions
- Curtiss v. BeardsleySupreme Court of Connecticut · 1843
- Wickwire v. StateSupreme Court of Connecticut · 1849
- King v. LaceySupreme Court of Connecticut · 1831
- Blackman v. BehaSupreme Court of Connecticut · 1856
3Cited by4 opinions
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- Groth v. RedmondConnecticut Superior Court · 1962
- Russell v. MonsonSupreme Court of Connecticut · 1866
- Wilkinson v. PomeroyU.S. Circuit Court for the District of Southern New York · 1873