Higgins v. Lamoreaux

Taylor, C.

Appeal from a judgment abating tbe action on tbe ground that another action is pending in tbe same court between tbe same parties and for tbe same cause of action.

In order that tbe pendency of a former action may be interposed as a bar to a second action, tbe identical cause of action asserted in tbe second must be presented for adjudication in tbe first. The *187issues presented in the first must he such that the judgment, when rendered therein, will conclude the parties as to the matters involved in the second and bar plaintiff from any relief in the second. Coles v. Yorks, 31 Minn.…