5 Cal. 48
Decided July 1, 1855
California Supreme Court · decided 1855-07-01
' Appeal from the District Court of the Twelfth Judicial District, San Francisco County A'ssumpsit for freight due on a charter party. The defendant plead in abatement the pendency of an action, for the non-delivery of freight, between the same parties, in the District Court of the United States. Plaintiff- demurred to this plea, and the Court sustained the same, and overruled a motion for a new trial. Defendant appealed.
Cited by 1 later decisions — most recently November 1904
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1855-07-01
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¶1Heydenfeldt, J., concurred.
¶2In an action for freight money brought in the Courts of this State, it is not a. sufficient answer to set up that the vessel has been libelled, *49for the non-delivery of freight, in the District Court of the United States; both actions may proceed at the same time Without the fear or danger of any collision or clashing of jurisdiction.
¶3Judgment affirmed.