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Civil Procedure

1953

Defense in abatement

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Civil Procedure-Jurisdiction-Amount In Controversy In Inferior Court Where Cause Of Action Is Split, John F. Spindler S.Ed. Mar 1953

Civil Procedure-Jurisdiction-Amount In Controversy In Inferior Court Where Cause Of Action Is Split, John F. Spindler S.Ed.

Michigan Law Review

Plaintiff, a manufacturer's agent, sued his employer in the Municipal Court, Civil Division, Washington, D. C. in two separate actions to recover commissions on his contract of employment. The two actions were consolidated for trial. At the trial defendant moved to dismiss for want of jurisdiction on the ground that this was but one cause of action and, while neither of the claims individually exceeded the jurisdictional maximum, the total claimed in both suits did exceed it. The motion to dismiss was denied, and after trial, judgments were entered for plaintiff in both actions. Defendant appealed. The Municipal Court of …