Latham v. Chafee
U.S. Circuit Court for the District of Rhode Island
In Equity. Defendant set up the following plea in bar of the bill: “ This defendant, by protestation, not confessing or acknowledging the matters and things in and by said bill set forth and alleged to be true in such manner and form as the same are thereby and therein set forth and alleged for plea to the whole of said bill, saith: That at the October term, A. D. 1877, of the supreme court of the state of Rhode Island, hold in and for the county of Providence, the Cranston…
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In Equity. Defendant set up the following plea in bar of the bill: “ This defendant, by protestation, not confessing or acknowledging the matters and things in and by said bill set forth and alleged to be true in such manner and form as the same are thereby and therein set forth and alleged for plea to the whole of said bill, saith: That at the October term, A. D. 1877, of the supreme court of the state of Rhode Island, hold in and for the county of Providence, the Cranston Savings Bank, the People’s Savings Bank, tlie City Savings Bank, the Union Savings Bank, each a corporation'duly created…
1Opinion of the Court
Colt, D. J.. The main question which arises upon the defendant’s plea is whether the pendency of a suit in a state court between the same parties, and involving the same subject-matter, can be pleaded in abatement, or in bar, to a suit in the circuit court of the United States. It is undoubtedly true, as a general rule, that as between two courts of concurrent jurisdiction, that which first gets control of the litigation will be allowed to prosecute it to an end; and that consequently the pendency of another prior suit between the same parties, and involving the same,subject-matter, maybe…
2Cases cited12 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Gordon v. GilfoilSupreme Court of the United States · 1879
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Insurance Co. v. Brune's AssigneeSupreme Court of the United States · 1878
- Bowne v. JoyNew York Supreme Court · 1812
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Southern Railway Co. v. RoweCourt of Appeals of Georgia · 1907
- Bunker Hill & Sullivan Mining & Concentrating Co. v. Shoshone Min. Co.Court of Appeals for the Ninth Circuit · 1901
- Boston & M. R. R. v. DutilleCourt of Appeals for the First Circuit · 1923
- Shaw v. LymanU.S. Circuit Court for the District of Western North Carolina · 1896