RENNER AND BUSSARD v. MARSHALL


14 U.S. 215 (1816)

1 Wheat. 215

RENNER & BUSSARD v. MARSHALL.

Supreme Court of United States.

March 11, 1816.


Attorney(s) appearing for the Case

The cause was argued by Jones and Key, for the plaintiff in error, and by Lee for the defendant in error.


STORY, J., delivered the opinion of the court.

The first question in this case is, whether the commencement of another suit for the same cause of action in the court of another state, since the last continuance, can be pleaded in abatement of the original suit. It is very clear that it cannot. A subsequent suit may be abated by an allegation of the pendency of a prior suit; but the converse of the proposition is, in personal actions, never true. The decision of the...

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