Renner & Bussard v. Marshall
Supreme Court of the United States
Error to the circuit for the district of Columbia for Washington county. The defendant in error, at June term, 1813, declared against the plaintiffs in error in assumpsit, upon an inland bill of exchange drawn by one Rootes on Renner & Bussard, and accepted by- them; to which declaration they pleaded non-assumpsit, and issue was thereupon joined, and the cause was continued to December term, 1813. At that tcjrm the plaintiffs in error appeared and pleaded, “ that, after the,…
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Error to the circuit for the district of Columbia for Washington county. The defendant in error, at June term, 1813, declared against the plaintiffs in error in assumpsit, upon an inland bill of exchange drawn by one Rootes on Renner & Bussard, and accepted by- them; to which declaration they pleaded non-assumpsit, and issue was thereupon joined, and the cause was continued to December term, 1813. At that tcjrm the plaintiffs in error appeared and pleaded, “ that, after the, last continuance of the plea aforesaid, to wit, the first Monday of June, in the year one thousand eight hundred and…
1Opinion of the CourtStory, J.
The first question in this case is, whether the commencement of another suit for the same cause of action in the court of another state, since the last continuance, can be pleaded in abatement of the original suit. It is very clear that it cannot. A subsequent suit may be abated by an allegation of the pendency of a -prior suit; but the converse of the proposition is, in personal actions, never true. The decision of the circuit court of the district of Columbia overruling the plea was therefore correct. a
The next question is, whether the judgment rendered bn the overruling of the plea ought…
2Cases cited2 opinions
- Graham v. BickhamSupreme Court of the United States · 1796
- Purviance v. AngusSupreme Court of the United States · 1786
3Cited by32 opinions
- Pope v. United StatesSupreme Court of the United States · 1944
- Aurora City v. WestSupreme Court of the United States · 1869
- Wood v. LakeWisconsin Supreme Court · 1860
- Thorpe v. National City Bank of TampaCourt of Appeals for the Fifth Circuit · 1921
- Phillips v. MoellerSupreme Court of Connecticut · 1960
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