Bartelt v. Seehorn

.The opinion of the court was delivered by

Fullerton, J.

Tbe appellant brought this action to recover damages for the loss of a horse, alleged to have been caused by the negligence of the respondent. The respondent answered the complaint by a general denial, and by pleading affirmatively three separate defenses, one of which was as follows:

“1. That on the 30th day of November, 1898, at Spokane, in an action then pending in the above-entitled court between the above-named plaintiff and the above-named defendant, and for the same cause of action as that set forth in the complaint herein, the…