Dengler v. Hays

The opinion of the court was delivered by

Dixon, J.

To a declaration in tort the defendant pleads in abatement the pendency of another suit instituted simultaneously with this, in the same court, by the same plaintiff against the same defendant upon the same cause of action, and the plaintiff demurs.

The authorities hold that, if two suits be instituted at the same time by the same plaintiff or persons suing in the same right, against the same defendant on the same cause of action, the pendency of each may be pleaded in abatement of the other. 36 Edw. III. 36; Pie v. Coke, Hob. 128; Beach v.…