61 A.2d 28 | D.C. | 1948
. These parties were involved in an automobile collision in the District of Columbia. Claiming personal injuries as a result thereof Lorena Ellis (defendant in 'this case) sued Walter Coates (plaintiff herein) for $20,000 damages for personal injuries in the United States District Court for the District of Columbia. In said action she was joined as plaintiff by her husband who claimed $5,000 for medical expenses and property damage. Their suit was filed on March 4, 1948.
Before service of process was completed in that case Walter Co-ates filed this suit against Mrs. Ellis in the Municipal Court for $115.44, covering property damages sustained in the same collision.
Defendant moved to dismiss the Municipal Court action on the ground of the prior filing and pendency of her District Court action. The trial judge ordered the motion to dismiss “granted without prejudice,” and plaintiff Coates brings this appeal.
The argument must fail. Rule 13 (a) itself says that such counterclaim shall be compulsory unless it was the subject of a pending action at the time the original action was commenced. It is clear beyond question that the District Court action had been “commenced” eight days before this action was filed in the Municipal Court. It is quite well settled that an action is “commenced” by the filing of the complaint.
Hence it follows that when Coates filed his suit in the Municipal Court he was attempting to assert a claim which he should have asserted as a counterclaim in the District Court.
It has been held time and time again that in the interest of orderly procedure and to avoid unseemly conflicts the court which first acquires jurisdiction over a controversy should maintain and exercise that jurisdiction to the exclusion of a court in which subsequent action is taken. Such is the rule as between Federal courts, and also between Federal courts and those of the states.
As we have already seen, the District Court had undoubted power to enjoin Coates from proceeding further in ■his Municipal Court action. And counsel for Mrs. Ellis might reasonably have employed the more extreme method of asking such an injunction. Compare Kaplowitz Brothers v. Kahan, D.C.Mun.App., 59 A.2d 795, 76 W.L.R. 765. In that case there had been two suits filed in the District Court, and a third one in the Municipal Court. The Municipal Court overruled a motion to dismiss, and we dismissed the appeal taken from that order* because it yvas not appealable. In the confused and doubtful aspects of that situation, and there being a serious question as to whether the claim asserted in the Municipal Court action belonged in the District Court as a compulsory counterclaim, we went on to suggest that the question might “more appropriately” be' decided by the District Court. But we did not intend that statement to cover every case of this nature. Here the situation is quite different. Here, as we have seen, the claim is undeniably the subject of a compulsory counterclaim. Here the decisive question was whether the District ■Court action had been “commenced” when Coates took his claim into the Municipal Court. And it is very plain, as we have shown, that such question must be decided adversely to him in this case. Therefore; the situation being so clear, and the jurisdictional lines being so plainly marked, 'there was no good reason for forcing the defendant Ellis to resort to injunctive measures in the District Court. The Municipal Court itself had the power to stay its own hand until the claims of both parties had been finally determined in the District Court. But it had no right to-dismiss the case.
The dismissal, though stated to be “without prejudice,” would almost certainly result in confusion and in prejudice to plaintiff if the District Court action did not proceed to final determination. Comity, as we have previously pointed out,
Reversed.
Both parties are non-residents of the District of Columbia, Coates being a resident of Maryland and Mrs. Ellis a resident of Virginia. In both suits the plaintiffs resorted to substituted service of process as authorized by the Owners’ B’inancial Responsibility Act, Code 1940, § 40-403. This, however, is of no vital importance in view of the decision we are announcing.
Brooks Transportation Co. v. McCutckeon, 80 U.S.App.D.C. 406, 154 F.2d 841; Reynolds v. Needle, 77 U.S.App.D.C. 53, 132 E.2d 161; Seymour v. Hawkins, 76 U.S.App.D.C. 376, 133 E.2d 15, 167 A.L.R, 1055; Schram v. Costello, D.C. E.D.Mich., 36 P.Supp. 525; Schram v. Koppin, D.C.E.D.Mich., 35 P.Supp. 313; Gallagher v. Carroll, D.C.E.D.N.Y., 27 F.Supp. 568. Note: We do not forget that when a plaintiff in bad faith prolongs the issuance of summons, a discontinuance will .be worked. Seymour v. Hawkins, 76 U.S. App.D.C. 376, 133 F.2d 15, 167 A.L.R. 1055. Such certainly is not this case. Here process was issued immediately, and ■personal service on defendant was completed in two weeks.
Ponzi v. Pessenden, 258 U.S. 254, 42 S.Ct. 309, 66 L.Ed. 607, 22 A.L.R. 879; Brooks Transportation Co. v. McCuteheon, 80 U.S.App.D.C. 406, 154 F.2d 841; United States v. McCarl, 56 App.D.C. 52, 8 F.2d 1011; Harlan v. Harlan, 52 App.D.C. 98, 281 F. 602; Detroit & T. S. L. R. Co. v. Interstate Commerce Commission, 51 App.D.C. 133, 277 F. 535; Carbide & Carbon C. Corp. v. United States I. Chemicals, 4 Cir., 140 F.2d 47; Triangle Conduit & Cable Co. v. National Elec. P. Corp., 3 Cir., 125 F.2d 1008; Crosley Corporation v. Hazeltine Corporation, 3 Cir., 122 F.2d 925; Milwaukee Gas Specialty Co. v. Mercoid Corporation, 7 Cir., 104 F.2d 589; In re Georgia Power Co., 5 Cir., 89 P.2d 218; Ryan v. Seaboard & R. R. Co., C. C. E. D. Va., 89 P. 397; Old Charter Distillery Co. v. Continental Distilling Corp., D.C.D.Del., 59 P.Supp. 528; F. X. Hooper Co. v. Samuel M. Langston Co., D.C.D.N.J., 56 P.Supp. 577; Steiner v. Stein, 141 N.J.Eq. 478, 58 A.2d 102; Camden Trust Co. v. Toone, 141 N.J.Eq. 342, 57 A.2d 509.
Triangle Conduit & Cable Co. v. National Elec. P. Corp., 3 Cir., 125 F.2d 1008; Crosley Corporation v. Hazeltine Corporation, 3 Cir., 122 P.2d 925; United States v. Aluminum Co. of America, D.C. W.D.Pa., 20 P.Supp. 608, affirmed 302 U. S. 230, 58 S.Ct. 178, 82 L.Ed. 219.
Crosley Corporation v. Westinghouse Elec. & Mfg. Co., 3 Cir., 130 P.2d 474; F. X. Hooper Co. v. Samuel M. Langston Co., D.C.D.N.J., 56 P.Supp. 577; see also Steiner v. Stein, 141 N.J.Eq. 478, 58 A.2d 102.
See 1425 E Street Corporation v. Jardin, D.C.Mun.App., 53 A.2d 278; 75 W.L. R. 639.
Kaplowitz Brothers v. Kahan, D.C. Mun.App., 59 A.2d 795, 76 W.L.R. 765.
Plummer v. Johnson, D.C.Mun.App., 35 A.2d 647 ; 72 W.L.R. 132; Yellow Cab Co. of D. C. v. Rogers, D.C.Mun.App., 34 A.2d 36; 71 W.L.R. 1111.
Williams v. Pearson, D.C.Mun.App., 49 A.2d 663; 74 W.L.R. 1199.
Aetna Casualty & Surety Co. v. Abbott, 4 Cir., 130 F.2d 40; Guiterman v. Pennsylvania R. Co., D.C.E.D.N.Y., 48 F.2d 851; Boston Acme Mines Corporation v. Salina Canyon Coal Co., 8 Cir., 3 F.2d 729; Ryan v. Seaboard & R. R. Co., C.C.E.D.Va., 89 F. 397; Old Charter Distillery Co. v. Continental Distil. Corp., D. C.Del., 59 F.Supp. 528; United States v. Anaconda Wire & Cable Co., D.C.E.D.Pa., 52 E.Supp. 824; Schwartz v. Kaufman,