Legal Opinion
McClellan v. Steywart
New York Supreme Court
Decided June 19, 1939PublishedCited by 3 opinions
1Opinion of the Court
.Hjnkley, J.
Defendant moves to dismiss the complaint upon the ground that at the time of the commencement of the action there was another action pending in the Supreme Court of Chautauqua county involving the same parties, the same witnesses, the same facts and the same automobile accident.
The complaint alleges that on December 27, 1938, an accident occurred on Route 20 State Highway between Silver Creek and Depew. The location of the accident was, therefore, either in Erie or Chautauqua county. The only two persons involved or concerned in the accident were the plaintiff and defendant as…
2Cases cited11 opinions
- Westminster Presbyterian Church of West Twentythird Street v. Trustees of PresbyteryNew York Court of Appeals · 1914
- Herzog v. BrownAppellate Division of the Supreme Court of the State of New York · 1926
- Switzer v. Commissioners for Loaning Certain Moneys of United StatesAppellate Division of the Supreme Court of the State of New York · 1909
- Klippel v. WeilAppellate Division of the Supreme Court of the State of New York · 1923
- Smith v. Buffalo Times, Inc.New York Supreme Court · 1925
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3Cited by3 opinions
- Bauer v. BauerNew York Supreme Court · 1958
- In re the Accounting of YuleNew York Surrogate's Court · 1958
- Stephens v. GrenierAppellate Division of the Supreme Court of the State of New York · 1948