Tompkins v. Gerry

Appellant brought suit against appellee in the Circuit Court of Wayne County, on May 5, 1891. Writ returnable to October term, 1891. Summons served May 6th. On May 11, 1891, appellee sued appellant before a justice of the peace of said county. The case was called for trial on May 19th. Appellant appeared and filed a plea setting up the pendency of the first suit, and moved to quash the writ and dismiss the suit. The court overruled the motion,’ heard evidence introduced on behalf of appellee and entered judgment in his favor for §188.44. From this judgment appellant took an appeal to the…