Hope v. Madison

HIGGINS, Justice.

The defendant moved to dismiss the plaintiff’s appeal on the ground that she had abandoned it. The record shows that plaintiff instituted suit against the defendant to rescind a contract and a conveyance of mineral rights on the grounds of fraud. The case was tried on its merits and decided in favor of the defendant. The plaintiff appealed and perfected the same. She then filed, in the Federal District Court, a suit against the defendant, seeking the same relief which she sought -in this action. It is contended that this reiteration of her demand is an abandonment of it in…