Kelley v. City of Cape Girardeau

On Motion for Rehearing.

BAILEY, J.

Plaintiff has filed a motion for rehearing based on one point only, i. e., that defendant was estopped from raising the defense of, “splitting of causes of action,” as a bar to this action, because that defense was not interposed in a former action between the same parties. We briefly disposed of that contention in the foregoing opinion because we considered that proposition to be without merit. We are still of that opinion. The record in this case discloses that on the 5th day of May, 1924, plaintiff filed in the Cape Girardeau Court of Common Pleas a suit…