Trogdon v. Brinegar

The appellant brought suit against the appellee in the Lawrence Circuit Court upon contract. Appellee filed a verified plea in abatement, averring therein that appellant had theretofore instituted a suit before a justice of the peace upon the same identical cause of action set up in the complaint in the pending case; that such prior suit had been dismissed, a judgment rendered against appellant for $25.28 costs, which was' still unpaid, and that plaintiff was insolvent. A demurrer to this pleading was filed and overruled; a motion to make more specific was overruled, *442and a reply of two…