Jarboe v. Smith

Judge Simpson

delivered the opinion of the Court.

In this action of covenant, the defendant pleaded, that before the commencement of the suit, the plaintiff had instituted a suit against him, upon the same writing, for the same causes of action, in the same Court, and by the agreement of the parties, that previous suit had been by the judgment of the Court, dismissed agreed. He therefore plead and relied upon that order of dismissal as a bar to the present action.

The plaintiff replied that the dismissal referred to in the plea, had been made in pursuance of a written agreement of the parties,-…