Hurst v. Everett

The defendants, in their answer, allege the facts that the plaintiffs, before the commencement of this action, had begun several actions for the same subject-matter before a justice of the peace of the state, which have been tried and been transferred by appeal to the state superior court, and are now pending for trial. Under the old system of pleading—derived from the common law—which formerly prevailed *219in this state, the pendency of a former action was pleaded in abatement to.a second action brought by the same parties in regard to the same subject-matter. Under our now Code system such a…