Griffin v. Board of Mississippi Levee Commissioners
Mississippi Supreme Court
From the circuit court of Washington county. Hon. H. W. Williamson, Judge. The Board of Mississippi Levee Commissioners brought this suit in the court below against the appellant, Griffin, and the sureties on his bond as tax-collector of Washington county, to recover money collected by said Griffin as taxes, and not paid over to the board as required by law.
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From the circuit court of Washington county. Hon. H. W. Williamson, Judge. The Board of Mississippi Levee Commissioners brought this suit in the court below against the appellant, Griffin, and the sureties on his bond as tax-collector of Washington county, to recover money collected by said Griffin as taxes, and not paid over to the board as required by law. The defendants pleaded in abatement the pendency of a prior suit in the chancery court of said county, brought by Wirt Adams, state revenue agent, for the use of plaintiff’ on the same cause of action for the same breach, and to recover…
1Opinion of the CourtWoods, J.
The general rule that the pendency of another suit between the same parties on the same cause of antion and for the same relief, may be pleaded in abatement of a subsequent suit, is subject to many exceptions and limitations. The rule rests upomthe right of every one to be protected from unnecessary and vexatious litigation. In the case at bar, the second suit appears not to fall within the reason of the rule. It is clear that no recovery can be had on the former suit in chancery, whose pendency is pleaded in abatement of this suit at law. The bill filed in the prior suit does not aver that *771th…
2Cited by18 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Fairchild v. HedgesWashington Supreme Court · 1896
- Wilson v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1902
- County of Mecklenburg v. BealesSupreme Court of Virginia · 1911
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
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