Goldstein v. Loeb

The action was for wages and money lent; and the defense -relied upon the -pendency of a prior action for the same cause.

To sustain their, plea the defendants offered in evidence a summons issued from the Fifth District Court, November 27, 1896, returnable December 8, 1896, in an action by the plaintiff against the defendants herein. Indorsed on the summons is an affidavit proving its service on one of the defendants; and upon the face of the process appear these words: “ Plaintiff appeared. A. II. '.Sarasohn. Complaint, wages and money laid out and expended.”

It appears that on the return day…