Anderson v. Pilgram

The opinion of the court w.as delivered by

Mr. Justice McIver.

This was an action on a note dated September 9, 1885, whereby defendant promised to pay to the plaintiffs, on November 1, 1887, two hundred dollars, with interest from date until paid, at the rate of ten per cent, per annum; and the action was commenced on January 12, 1888. The only defence set up was, that, at and before the commencement of this action, another action was pending for the same cause between the same parties. To support this defence, a record of another action, commenced February 3, 1887, and still pending, was…