Monier v. Mizner

Circuit Court of the 3rd Circuit of Michigan

Monier v. Mizner

1 How. N.P. 60

CourtCircuit Court of the 3rd Circuit of Michigan

DecidedOctober 15, 1868

StatusPublished

This text of 1 How. N.P. 60 (Monier v. Mizner) is published on Counsel Stack Legal Research, covering Circuit Court of the 3rd Circuit of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.)

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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.)

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Bluebook (online)

1 How. N.P. 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monier-v-mizner-micirct3-1868.