C & S CONST. CO., INC. v. Martin

This case involves two civil cases for the same cause of action which were pending at the same time against the same defendants, the Martins.

C S Construction Company, the plaintiff, first sued the Martins in the district court. Subsequently, it filed in the circuit court a second civil action against them for the same transaction. The Martins moved to dismiss the circuit court case, which motion was grounded upon the following code provision:

"No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party. In such…