Singer v. Scott
Supreme Court of Georgia
Evidence. Two suits for same cause of action. Before Judge Harrell. Stewart Superior Court. October Term, 1871. Scott filed an action of ejectment against Singer, and he pleaded the general issue. Pending that, he filed another against Scott for the same promises. To this one, Singer pleaded in abatement the pendency of the first. Singer sued out interrogatories in the first case, but they had not been returned to Court. When the first case was called Scott dismissed it.
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Evidence. Two suits for same cause of action. Before Judge Harrell. Stewart Superior Court. October Term, 1871. Scott filed an action of ejectment against Singer, and he pleaded the general issue. Pending that, he filed another against Scott for the same promises. To this one, Singer pleaded in abatement the pendency of the first. Singer sued out interrogatories in the first case, but they had not been returned to Court. When the first case was called Scott dismissed it. When the second was called Singer moved to continue it because said interrogatories were not in. The Court refused the…
1Opinion of the Court
McCay, Judge.
I. Had the Court refused the continuance, on the ground that movant had not shown due diligence, we should not have thought his discretion abused. But, as appears by the record, the showing was held sufficient, and the continuance refused, solely on the ground that the interrogatories sued out had been, in one case, when the case called was another suit, between the same parties, for the same cause of action, and the plaintiff had seen fit to dismiss the first suit, after bringing the second. It would be rather onerous upon a party to require him, at his peril, to sue out two…
2Cited by17 opinions
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- Nashville, Chattanooga & St. Louis Railway v. HubbleSupreme Court of Georgia · 1913
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