Davis v. Butler

Opinion op the Court by

Judge Moorman

Reversing.

This appeal is prosecuted from a judgment of the Pike circuit court.for $5,000.00 obtained by the appellee, Ida Butler, against appellant, Phoeba A. Davis, for alienation of the affection of appellee’s husband, John P. Butler.

Prior to the filing of this action appellee had filed two other suits against appellant on a like cause. One was instituted in 1908 and the other in 1914. Both were dismissed on appellee’s motion. The proceedings in those cases and the orders of dismissal were pleaded by appellant in bar of the right to prosecute the present…