Sampson v. McRae

In this case the defendant filed a plea in abatement, invoking the provisions of the Civil Code (1910), § 4331, and averring that a fornier suit between the same parties, having for its subject-matter the same causé of action, was still pending in ,the same court. He also filed an answer denying the material allegations of the plaintiff’s petition. At the trial* he introduced in evidence the pleadings in the first suit, in support of his plea in abatement. The plaintiff thereupon introduced evidence' that prior to the filing of the second suit his attorney, in vacation, paid the accrued costs…