New York Supreme Court May 15, 1847 (Babcock v. Peck)

By the Court, Beardsley, J.

No objection is made to the declaration, and it is assumed to be sufficient to show a cause of action. The second plea is, in substance, that after the cause of action in this case had accrued, and before the commencement of said suit, the defendant therein brought an action of assumpsit, in the justice’s court, against the plaintiff, in which suit the same cause of