Radford v. Folsom
U.S. Circuit Court for the Southern District of Iowa
This cause is now before the court upon a plea to the bill interposed by the respondents, which is termed a plea in bar, but which, in effect, is a plea in abatement.
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This cause is now before the court upon a plea to the bill interposed by the respondents, which is termed a plea in bar, but which, in effect, is a plea in abatement. The present bill is filed by George W. Eadford, assignee in bankruptcy of Frank Folsom, against Jeremiah Folsom in his own right, Jeremiah Folsom, administrator of the estate of Sarah M. Folsom, deceased, and Adele, Florence, and George 13. Folsom, minor heirs of said Sarah M. Folsom, who appear by J. 13. Blake, their guardian; and in substance the bill avers that complainant is the owner of certain realty in the bill described,…
1Opinion of the Court
Shiras, D. J.
T,he doctrine is now well settled that an action pending in a foreign jurisdiction cannot be pleaded in .abatement of an action commenced in a domestic forum, even if there be identity of parties, of subject-matter, and of relief sought. Smith v. Lathrop, 44 Pa. St. 326; Bowne v. Joy, 9 Johns. 221; Allan v. Watt, 69 Ill. 655; Insurance Co. v. Brune’s Assignee, 96 U. S. 588; Stanton v. Embrey, 93 U. S. 548. It is equally well settled that at law the_pendency of a former action between the same parties, for the same cause and relief, in a court of the state in which the second…
2Cases cited7 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- 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
- Allen v. WattIllinois Supreme Court · 1873
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- Farmers' Bank of Cuba City v. WrightU.S. Circuit Court for the District of Northern Iowa · 1908
- Colburn v. DorticSupreme Court of Colorado · 1910
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