Warner v. Warner

This action was begun on the 3d day of July, 1893, by the service of summons and the usual other proceedings. by which an action of this nature is commenced. Its object was for the partition of certain property situated in the county of Monroe. No other defendant except Arsino B. Warner appears, and he answers, admitting all the facts alleged in the complaint and setting up as a defense only that another notion is pending for the same cause between the same parties. *250The single question presented is whether that defense can stand upon the facts.

The undisputed facts are that on the 31st day of…