Steers v. Shaw
Supreme Court of New Jersey
On motion to strike out a plea as frivolous.
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
-The declaration, in answer to which the plea/ attacked was filed, was upon a judgment obtained in an action-by the plaintiff against the defendant in the State of New York. The plea is one in abatement of the present action.. The ground for such abatement is alleged to be the pendency of another suit in this jurisdiction between the same parties for this identical cause of action.
There appear irregularities in the manner in which the plea? was verified, but these defects were waived, so that the important point involved can be settled. As…
2Cases cited5 opinions
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Andrews v. SmithNew York Supreme Court · 1832
- Linton v. HurleyMassachusetts Supreme Judicial Court · 1873
- Beyersdorf v. SumpSupreme Court of Minnesota · 1888
- Mumford v. StockerNew York Supreme Court · 1823
3Cited by5 opinions
- Sweetser v. FoxUtah Supreme Court · 1913
- Underwood v. UnderwoodSupreme Court of Georgia · 1913
- First National Bank v. LewinsonNew Mexico Supreme Court · 1904
- Alexander v. ManzaSupreme Court of New Jersey · 1943
- Smith v. Continental Supply Co.Court of Appeals of Texas · 1926