Kerr v. Willetts

*79The opinion of the court was delivered by

"Van Syckel, J.

The declaration contains tne common counts.

The defendant pleaded—

First Another action pending in Uew York for same cause of action, between same parties.

Second. General issue.

Third. Statute of limitations.

The plaintiff moves to strike out plea in abatement.

The objection to t'he defendants’ plea is two-fold:

First The plea in abatement is improperly joined with pleas in bar to the same demand. Stephens on Pleadings 430.

Secondly. The pendency of a suit by the same plaintiff against the same defendant, for the same cause of action, in…