Hartell v. Searcy
Supreme Court of Georgia
Trover, in Talbot Superior Court. Decided by Judge Worrill, at the September Term, 1859. ■ This was an action of Trover, brought by Firman Hartell, as the trustee of Mrs. Louisa E. Cuthbert, against William Searcy, to recover damages for the alleged conversion of certain negro slaves.
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Trover, in Talbot Superior Court. Decided by Judge Worrill, at the September Term, 1859. ■ This was an action of Trover, brought by Firman Hartell, as the trustee of Mrs. Louisa E. Cuthbert, against William Searcy, to recover damages for the alleged conversion of certain negro slaves. The action was dismissed in the Court below, and the decision was excepted to, and brought before this Court by writ of error, returnable to the January Term, 1860. That term being pretermitted, for providential cause, the case went over to' the next succeeding term, at which time, a motion was made by counsel…
1Opinion of the Court
*191 By the Court.
Lumpkin, J.,
delivering the opinion.
A party is not entitled to prosecute a suit for the same cause of action in different Courts, or in the same tribunal, at the same time. Where the State and Federal Courts have concurrent'jurisdiction, the rule is, for that Court to have precedence which first obtains jurisdiction. Here the action was brought first in Talbot county, but was dismissed; a bill of exceptions was certified and filed, but before the case could be heard, the plaintiff renewed his action in the Sixth Circuit Court of the United States, for the Southern District of…
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