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19 F. Cas. 1092

Post v. Sarmiento

U.S. District Court

Decided April 15, 1808

U.S. District Court · decided 1808-04-15

Rule upon the plaintiff to show his cause of action. The plaintiff produced a positive affidavit of debt, due for goods taken and sold by the defendant.

Decided 1808-04-15

BY THE COURT.

¶1It is impossible to decide whether the action, said to be depending in the supreme court of this state, is for the same cause of action, and is at the suit of the plaintiff in this cause, without deciding a point, upon which probably the whole merits of the cause depend. The rule of the court is imperative, and ought to be adhered to. Rule discharged.

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