Whitaker v. Wright

A declaration containing two common counts and one special count and designated as case No. 5429 L was filed May 26, 1928, in the Circuit Court of Pinellas County by defendant in error, hereinafter referred to as plaintiff.

On July 2, 1928, plea in abatement alleging a prior suit pending between the same parties upon the same cause of action, and statutory pleas of never was indebted and never promised as alleged were filed by plaintiff in error, hereinafter called defendant, which latter pleas were filed to each count without waiving the plea in abatement. A joinder of issue was filed by…