Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 85

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 85

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...the plaintiff's right of action. The plaintiff's suit is a statement of the facts constituting his right of action. If that suit is dismissed, no court has jurisdiction over it, except the court which dismissed it. That court alone has Jurisdiction of the particular suit, and it alone possesses the power to reinstate it upon its d0cket, _ai_id to try or otherwise dispose of it. But, if a new suit is brought on the same right of action, it is not the same suit as the former one. A person having a right of action may bring more than one suit upon it, and he C?-Tl Only be prevented from prosecuting it to judgment either by a plea in bar or a plea in abatement interPosed by the defendant. No rule of law permits the mere dismissal _of a case untried and undetermined to be interposed either in bar or in abatement of a pending suit. (p. 148.) The plaintiff chose her forum and brought her first suit in the state court. At the instance of the defendant the suit was removed to the federal court and there dismissed by the plaintiff without prejudice. If the authorities relied upon by the defendant are sound she could not thereafter begin a suit in the state court upon the same cause of action even though the two-year period of limitations had not expired, which is in direct conflict with what was decided in Swift '0. Hoblawetz, 10 Kan. App. 48, 61 Pac. 969, where the effect of the removal of a cause to the federal court was passed upon and it was held: "The removal of a case from the state to the federal court does not so invest the federal court with jurisdiction of the subject matter as to preclude the plaintiff from again suing upon the same cause of action in the state court." (Syl. Tl 2.) (A petition for an order to...show more

Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236849086
  • 9781236849083