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3 Johns. 259

Davis v. Grainger

New York Supreme Court

Decided May 15, 1808

New York Supreme Court · decided 1808-05-15

moved to set aside the default and subsequent proceedings in this cause. It x ° appeared that a rule had been obtained at the last term, to stay the proceedings against the defendant, on the bail bond, upon the usual terms, of paying costs and pleading issuably. The defendant pleaded the general issue, and also that the plaintiff had previously commenced another _ J suit for the same cause of action which was pending in this court.

Good law ✅— No negative treatment on recordhow we know

Decided 1808-05-15

How this case has been cited

Cited by 6 later decisions — most recently May 1892

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The second plea is not an issuable plea, according to the meaning of the rule, in whatever form it may be pleaded. It is clearly a plea in abatement. Besides, the rule was granted as a favour, and the conditions of it are to be strictly performed.

¶2Rule refused»

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