Trawick v. Martin Brown Co.

Stayton, Chief Justice.

This action ivas brought by appellee on December 8, 1886, to recover from appellant a sum due on open account, and a writ of attachment was sued out and levied on lands belonging to appellant.

On September 15, 1887, appellant filed an answer and a plea in reconvention seeking damages for an alleged wrongful use of the writ of attachment. The justice of appellee's claim was admitted.

Appellee pleaded in abatement of the action set up in appellant's re-convention that he had instituted an independent action in the same court on the same cause of action pleaded in…