Corkum v. Lenske

Plaintiff’s complaint alleged that defendant had converted to his own use money which defendant had held for plaintiff in a fiduciary capacity. Defendant answered with a plea in abatement which alleged that the same subject matter was included in a suit for accounting which plaintiff had previously filed against defendant and other related parties. The trial court, after a hearing, sustained the plea in abatement and entered a judgment which dismissed this action. Plaintiff appeals from that judgment.

Plaintiff contends that the plea of abatement should not be sustained because the parties…