Monier v. Mizner

Circuit Court of the 3rd Circuit of Michigan

Monier v. Mizner

1 How. N.P. 60

Circuit Court of the 3rd Circuit of Michigan·Decided October 15, 1868·Published

Opinion

By the Court,

Brown J.:

This is a motion to compel the complainant to elect whether he will proceed in this suit or a suit at law, alleged to be for the same cause of ■action.

I have already held that a plea in abatement of the pendency of the other suit will not lie in either case, but it is equally clear that where two suits are substantially for the same cause of action the complainant should elect in which suit he will proceed, for the defendant should not be harassed and annoyed by oppressive litigation. (Barb. Ch. Prac., 346; 1 Dan. Ch. Prac., 658.)

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court,

Brown J.:

This is a motion to compel the complainant to elect whether he will proceed in this suit or a suit at law, alleged to be for the same cause of ■action.

I have already held that a plea in abatement of the pendency of the other suit will not lie in either case, but it is equally clear that where two suits are substantially for the same cause of action the complainant should elect in which suit he will proceed, for the defendant should not be harassed and annoyed by oppressive litigation. (Barb. Ch. Prac., 346; 1 Dan. Ch. Prac., 658.)

Monier v. Mizner, 1 How. N.P. 60 (Mich. Super. Ct. 1868).

Pincite

1 How. N.P. 60 (Monier v. Mizner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.