Duplessis v. Moine

The o])inion of the court was delivered by

Minturn, J.

The plaintiff commenced this suit in the Somerset District Court, in trespass, for damages arising out of the alleged unlawful detention of certain personal property by the defendant. Prior to commencing this action he had instituted in the Circuit Court an action of replevin, to recover the same goods, which action was pending and undetermined when this suit went to trial. The defendant pleaded in abatement the pending of the replevin suit, and the trial court held that the plaintiff in pursuing his remedy in replevin had made an election…