Wadleigh v. Veazie
District Court, D. Maine
This was a writ of entry for certain land situate in Orono, in the county of Penobscot. The tenant put in a special plea in abatement of another action pending, as follows:—Because the said Veazie, the defendant, heretofore and' before the commencement of the plaintiff’s action, to wit, on the thirty-first day of October, in the year of our Lord one thousand eight hundred and thirty-six, sued out his writ from the clerk’s office of the court of common pleas of the state of…
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This was a writ of entry for certain land situate in Orono, in the county of Penobscot. The tenant put in a special plea in abatement of another action pending, as follows:—Because the said Veazie, the defendant, heretofore and' before the commencement of the plaintiff’s action, to wit, on the thirty-first day of October, in the year of our Lord one thousand eight hundred and thirty-six, sued out his writ from the clerk’s office of the court of common pleas of the state of Maine for the county of Penobscot, against the said Jesse Wadleigh and one Ira Wadleigh and James Purrington, in which…
1Opinion of the Court
STORY, Circuit Justice.
The sole question arising In this case is, whether the pendency of another action, in the state court for the recovery of the same land, in which the present defendant is plaintiff, and the present plaintiff is defendant, at the commencement of the present suit, is a good plea in abatement to this suit. I must say, that I know of no such plea at the common law;- and there is no pre-tence to say, that any such plea is provided for by the laws of the United States. In all cases, in which the pendency of another action is pleadable at the common law to the second suit, two…
2Cited by9 opinions
- Adams v. Mercantile Trust Co.Court of Appeals for the Fifth Circuit · 1895
- Bunker Hill & Sullivan Mining & Concentrating Co. v. Shoshone Min. Co.Court of Appeals for the Ninth Circuit · 1901
- Waldo v. BeckwithNew Mexico Supreme Court · 1854
- Caine v. Seattle & Northern Railway Co.Washington Supreme Court · 1895
- Latham v. ChafeeU.S. Circuit Court for the District of Rhode Island · 1881
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