Deming v. Douglass

The opinion of the court was delivered by

Smith, J. :

The questions of law being identical in the two cases, a statement of facts in the first will be sufficient.

An action in ejectment was commenced by the plaintiff below, Hattie R. Douglass, on March 7, 1890, against the defendant for the recovery of the possession of real estate and damages for its detention. The defendant answered, alleging as one defense that on June 10, 1887, the plaintiff commenced an action in the district court against the defendant for the recovery of the premises in controversy, and for damages for their detention;…