Moser v. John F. Buckner & Sons

McDONALD, Chief Justice.

Plaintiffs Buckner & Sons brought suit against defendant Moser on a note, an account, and for indebtedness. Defendant filed a plea in abatement to the suit, alleging as grounds the pendency of another suit in the same court between the same parties and involving the same subject matter. Defendant prayed that the plea in abatement be sustained and the instant case dismissed. A hearing was had on the plea in abatement, after which the Trial Court overruled same by order made on 10 October 19S7, and entered 23 October 1957. From such order defendants appeal to this court…