Baker v. Salomon

Our statute governing civil practice provides that if, at the time a suit is filed, another is pending between the same parties for the same cause, the defendant may file a motion to dismiss. Using this ground, defendants moved to dismiss plaintiffs’ suit. They were sustained. In this appeal, the issue presented is whether a suit filed by defendants in New York 59 minutes before this suit was filed in Chicago was “between the same parties,” as that term is used in our Civil Practice Act.

I

On June 8, 1973, at 10:36 a.m., Crowdus Baker and 8 other plaintiffs, trustees of the Savings and Profit…