Blythe v. Rupf

This action was instituted by the issuance of process on the defendant on March 3, 1938 and was returnable on the first Tuesday of April. The plea in abatement was filed on April 1st. At the time the plea in abatement was filed there was pending in this court an action on the same cause of action between the parties instituted on December 18, 1937. In that action on April 17, 1938 and before the trial of the plea in abatement to the present action, the plaintiff filed a motion to withdraw which came on for hearing on April 29, 1938, and was for cause shown granted pursuant to section 5494 of…