Hardin v. Horn

Opinion of the Court by

Judge Hurt

Affirming.

These actions were prepared, heard and determined together in the trial court, and from the judgment rendered in each, an appeal, has been taken. The style of each action embraces two suits between the same parties in both of which the plaintiff, below, relied upon the same cause of action, made the same averments, and the defense consisted of the same denials, and the same grounds of counter contest.

The only difference in the suits is, that one of them was filed on the 17th day of November, 1917, and the other between the same parties, on the 11th…