Priddy & Taylor v. Hartsook

Citations

• 81 Va. 67
• 1885 Va. LEXIS 11

Syllabus

<p>1. Suits—General Hule—Exception.—As a general rule, one cannot sue at law and in equity, at the same time, for the same debt. But a mortgagee, or c. q. t, may sue at the same time, at law upon his bond and in equity, to enforce his mortgage or trust deed; the one remedy being in personam, and the other in rem.</p> <p>2. Idem—Defence.—The defence of two suits for the same cause of action in two forms must be made in the chancery suit, after answer, by rule for plaintiff to elect between his two suits. Williamson v. Paxton, 18 Gratt. 475.</p> <p>3. Appellate Court—Jurisdiction—Final judgment.—A rule in action at law requiring plaintiff to elect by the next term whether he will proceed at law or in chancery, is not, in the meaning of section 2, chapter 178, Code 1873, a final judgment, and this court has not jurisdiction to review it.</p>