Bowne v. Joy
New York Supreme Court
THIS was an action of assumpsit. The defendant pleaded another action brought by the plaintiffs against the defendant, for the same cause, in the court of common pleas of the county of Bristol, in the state of Massachusetts, and there pending in that court, &c. The plaintiffs demurred to this plea, and assigned causes of demurrer. The cause was submitted to the court, without argument.
1Per curiam
It is not necessary to attend to the special causes of demurrer, because the plea is bad in substance. The pendency of a suit in a foreign court, by the same plaintiff against the same defendant, for the same cause of action, is no stay or bar to a new suit instituted here. This is the rule in the English courts, and it was carried so far in the case of Maule v. Murray, (7 Term Rep. 470.) as not to regard a foreign judgment which was taken subject- to a case then undecided, as to the amount. The exceptio rei judieake applies only to final definitive sentences abroad, upon the merits of the…
2Cited by50 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Wallace v. McConnellSupreme Court of the United States · 1839
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- McJilton v. LoveIllinois Supreme Court · 1851
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