Supreme Court of Pennsylvania, 1846

Cornelius v. Vanarsdallen's Administrator

Cornelius v. Vanarsdallen's Administrator
Supreme Court of Pennsylvania · Decided September 14, 1846
3 Pa. 434; 1846 Pa. LEXIS 146

Cornelius v. Vanarsdallen's Administrator

Opinion of the Court

Per Curiam.

To sustain a plea of the pendency of a prior action, it is necessary not only that the cause of action, but the parties also, be the same. Hete the plaintiff could not go .on because he had sued as the representative of a wrong party, and he was consequently compelled to bring a new action. He therefore did not unnecessarily vex.the defendant; and he was properly allowed to proceed. . - . Judgment affirmed. ■

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