Cahill v. Cahill
Supreme Court of Connecticut
Action to determine the title to certain real estate, brought to the Superior Court in New Haven County where the defendants filed a plea in abatement alleging the pendency of another suit between the same parties for the same cause of action; the court (Shumwag, J.') sustained the plea and dismissed the action, and the plaintiffs appealed.
1Opinion of the CourtHall, J.
The principal question in this case is whether the trial court erred in sustaining the defendants’ plea in abatement alleging that “ at the commencement of this action there was and now is another action pending in the Superior Court for New Haven County between the same parties as the parties to this action, and for the same cause as is set forth in said complaint in this action.”
The plaintiffs demurred to this plea, upon the ground that it did not allege that the pending case was for the same cause, and for the same relief as the present action. Before the demurrer was decided, it was…
2Cases cited5 opinions
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Welles v. RhodesSupreme Court of Connecticut · 1890
- Miles v. StrongSupreme Court of Connecticut · 1892
- Cahill v. CahillSupreme Court of Connecticut · 1903
- Potter v. City of New HavenSupreme Court of Connecticut · 1869
3Cited by26 opinions
- Solomon v. AbermanSupreme Court of Connecticut · 1985
- Halpern v. Board of EducationSupreme Court of Connecticut · 1985
- Henry F. Raab Connecticut, Inc. v. J. W. Fisher Co.Supreme Court of Connecticut · 1981
- Dettenborn v. Hartford-National Bank & Trust Co.Supreme Court of Connecticut · 1936
- Swenson v. DittnerSupreme Court of Connecticut · 1981
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