Miller v. Kearnes

This is a suit by H. L. Kearnes, hereinafter called plaintiff, against M. E. Miller, hereinafter called defendant. There were two causes of action set up in the complaint; the first being for the cancellation of a certain realty mortgage given by plaintiff to defendant, and the second for damages arising out of the same transaction. Defendant answered and then set up two pleas in bar to the first cause of action. The first was that plaintiff had in a previous suit elected to proceed on an action for damages, and that such election was a bar to his action for cancellation of the mortgage. The…