Farmers & Merchants Bank v. Matsen

The question for decision upon this appeal is, Does the fact that an action is pending for the foreclosure of a mortgage and for a judgment for a deficiency constitute a defense to a subsequent action commenced by the same plaintiff, demanding judgment on the obligation secured by the mortgage against those personally liable thereon ?

Sec. 263.06, Stats., provides that the defendant may demur to a complaint when it shall appear upon the face thereof that—

“(3) There is another action pending between the same parties for the same cause.”

Sec. 263.11 provides that, when any of the matters…