| Cal. | Jul 1, 1855

Murray, C. J., delivered the opinion of the Court.

Heydenfeldt, J., concurred.

In an action for freight money brought in the Courts of this State, it is not a. sufficient answer to set up that the vessel has been libelled, *49for the non-delivery of freight, in the District Court of the United States; both actions may proceed at the same time Without the fear or danger of any collision or clashing of jurisdiction.

Judgment affirmed.

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