Reports of Cases Adjudged in the Supreme Court of Pennsylvania May Term 1841
Reports of Cases Adjudged in the Supreme Court of Pennsylvania May Term 1841
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The latter may be pleaded either in abatement or in bar, accord* ing to the distinction which will be hereafter noticed ; whereas the former can neither be pleaded in abatement nor in bar, unless perhaps where the cause has proceeded to judgment. Vide note to 4 Cow. R. 521, where all the authorities are collected. Sed qucere. Whether upon the principle of comity between sister states, and convenience, the pendency of a personal action may not be pleaded in abatement. Can it be that a suit for t...he" same cause of action, between the same parties, can be carried on at the same time in every state in the Union ? This, however, is not the point in difficulty, but the doubt is, whether it must be pleaded in abate- ment, or may be pleaded in bar, or given in evidence under the general issue. The attachments which were given in evidence, as has been already observed, were sued out on the 24th of Febru- ary 1838, previous to the commencement of this suit. There was no execution executed, there was no judgment rendered.
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To quickly assess the difficulty of the text, read a short excerpt:
The latter may be pleaded either in abatement or in bar, accord* ing to the distinction which will be hereafter noticed ; whereas the former can neither be pleaded in abatement nor in bar, unless perhaps where the cause has proceeded to judgment. Vide note to 4 Cow. R. 521, where all the authorities are collected. Sed qucere. Whether upon the principle of comity between sister states, and convenience, the pendency of a personal action may not be pleaded in abatement. Can it be that a suit for t...he" same cause of action, between the same parties, can be carried on at the same time in every state in the Union ? This, however, is not the point in difficulty, but the doubt is, whether it must be pleaded in abate- ment, or may be pleaded in bar, or given in evidence under the general issue. The attachments which were given in evidence, as has been already observed, were sued out on the 24th of Febru- ary 1838, previous to the commencement of this suit. There was no execution executed, there was no judgment rendered.
What to read after Reports of Cases Adjudged in the Supreme Court of Pennsylvania May Term 1841?
You can find similar books in the "Read Also" column, or choose other free books by Pennsylvania Supreme Court to read onlineMoreLess
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