Gardner v. Kiehl
Supreme Court of Pennsylvania
Appeal, No. 85, Jan. T., 1897, by plaintiffs, from order of C. P. Elk Co., Sept. T., 1894, No. 47, making absolute a rule to quasb writ of summons. Motion to set aside summons. A rule was granted upon tbe following motion.
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Appeal, No. 85, Jan. T., 1897, by plaintiffs, from order of C. P. Elk Co., Sept. T., 1894, No. 47, making absolute a rule to quasb writ of summons. Motion to set aside summons. A rule was granted upon tbe following motion. And now, August 6, 1894, Jesse Kiehl, tbe defendant above named, by W. W. Ames, bis attorney, appearing specially for tbe purpose of making tbis motion, moves tbe court to quash or set aside tbe writ of summons served upon him in tbe above stated case, for tbe following reasons: 1. Tbe said defendant now is, and at tbe time tbe cause of action in tbis case arose was, tbe…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It is to be regretted that the court below did not give us the' benefit of its reasons for quashing the writ. Two grounds are set up by the defendant, first, that plaintiffs had a suit pending and at issue in Clarion county for the same cause of action at the time this suit was brought, and secondly, that the cause of action is local and not transitory.
As to the first ground the judgment must be reversed for irregularity. The pendency of a prior action is the subject of *199a plea in abatement, not of a motion to quash the second writ. But as a plea in abatement,…
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