Aladdin Temple Ben. Ass'n v. American Standard Life Ins.

ANDERSON, Chief Justice.

This appeal is upon the record proper and involves only the ruling of the trial court upon the pleading which • superinduced a nonsuit by the plaintiff.

As we understand, special pleas 3, 4, and 5 attempt to invoke an estoppel against the plaintiff growing out of an election in bringing a previous suit described in said pleas, to which said pleas the trial court overruled the .plaintiff’s demurrer and which said ruling presents the paramount question involved in this appeal.

The doctrine of estoppel by election exists if a person has a choice of actions, that is, the…