Stephens v. Monongahela Bank
Supreme Court of the United States
N ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE .WESTERN DISTRICT OE PENNSYLVANIA. This suit was brought by the Monongahela National Bank of Brownsville, Pennsylvania, and judgment was given against Barzilla Stephens, the defendant, for want of a sufficient affidavit of defence.
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N ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE .WESTERN DISTRICT OE PENNSYLVANIA. This suit was brought by the Monongahela National Bank of Brownsville, Pennsylvania, and judgment was given against Barzilla Stephens, the defendant, for want of a sufficient affidavit of defence. The grounds of defence as set forth in the affidavit were: 1. That another suit was pending in the Court of Common Pleas of Green County, Pennsylvania, between the same parties for the same identical cause of action. 2. That the original of the note in suit was discounted and taken by the bank on the 27th of…
1Opinion of the CourtChief Justice Waite
delivered.the opinion of the court.
As to the first of these defences, it is sufficient to say that the plea of another action pending is a plea in abatement, Baa. Abr. Abatement M; Com. Dig. Abatement H, 24; 1 Chitty’s Pl. 10, Am. Ed. 453 ; 3 id. 903, note y; and by § 1011 of the Rev. Stat. which is a re-enactment of a similar provision in the Judiciary Act of Sept. 24, 1789, c. 20, sec. 22,1 Stat. 84, 85, it is expressly provided that there shall be no reversal in this court or the Circuit Court for error in ruling any plea in abatement, other than a plea to the jurisdiction of the court.…
2Cases cited4 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Barnet v. National BankSupreme Court of the United States · 1879
- Driesbach v. National BankSupreme Court of the United States · 1881
- Piquignot v. Pennsylvania RailroadSupreme Court of the United States · 1854
3Cited by52 opinions
- D. R. Wilder Manufacturing Co. v. Corn Products Refining Co.Supreme Court of the United States · 1915
- Tucker v. AlexandroffSupreme Court of the United States · 1902
- Buck Stove & Range Co. v. VickersSupreme Court of the United States · 1912
- McCollum v. Hamilton National BankSupreme Court of the United States · 1938
- McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
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