Toland v. Tichenor
Supreme Court of Pennsylvania
having brought suit in this court to July term, 1827, against Gabriel Ticlienor, and declared in assumpsit, the defendant, on the 10th of December, 1831, pleaded in abatement, that before the commencement of this suit, the plaintiff had brought suit against the defendant for the same cause of action in the District Court of the United States, for the Mississippi district.
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having brought suit in this court to July term, 1827, against Gabriel Ticlienor, and declared in assumpsit, the defendant, on the 10th of December, 1831, pleaded in abatement, that before the commencement of this suit, the plaintiff had brought suit against the defendant for the same cause of action in the District Court of the United States, for the Mississippi district. The plea concluded with an averment, “ that the plea aforesaid remained at the time of the commencement of the present suit depending and undetermined in the said District Court,” &c. but it contained no averment, that it…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
The argument in this case has embraced a much wider space than is necessary to decide this cause. It is conceded, that all the precedents are, that the former action is pending at the time of plea pleaded. The plea in this case is, that the suit in Mississippi remained depending and undetermined at the commencement of the present suit. No authority has been produced to support this plea as pleaded. The case in 2 Ld. Ray. 1014, and the same case in Salkeld, do not. It is there decided, that the plaintiff cannot discontinue his former suit…
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