McCullough v. Groff

This action was brought on the common counts, for lumber and materials furnished,and for money due on account stated. The amount claimed by plaintiff was $3,342.30, with interest from November 7, 1878.

The defendant pleaded in abatement that certain equity suits between the same parties, which were brought to foreclose mechanics’ liens, involving the same cause of action, were still depending in this court.

Issue was joined on this plea, and the cause was tried on that issue before a jury, March 23, 1872, the result of which was a verdict and judgment for the amount of the plaintiff’s claim.

The…