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STEPHENS v. MONONGAHELA BANK

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111 U.S. 197 (1884)

4 S.Ct. 336

28 L.Ed. 399

STEPHENS, v. MONONGAHELA BANK.

Supreme Court of United States.

Decided March 31, 1884.

Attorney(s) appearing for the Case

Mr. P.A. Knox and Mr. C.E. Boyle for plaintiff in error.

Mr. George Shiras, Jr., for defendant in error.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

As to the first of these defences, it is sufficient to say that the plea of another action pending is a plea in abatement, Bac. Abr. Abatement M; Com. Dig. Abatement H, 24; 1 Chitty's Pl. 10, Am. Ed. 453; 3 id. 903, note y; and by § 1011 of the Rev. Stat. which is a re-enactment of a similar provision in the Judiciary Act of Sept. 24, 1789, c. 20, sec. 22, 1 Stat. 84, 85, it is expressly provided...

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