Brown v. . Hall

There is but one assignment of error in tbe record, which assignment is brought forward in appellant’s brief, namely: “Tbe Court erred in sustaining tbe motion of tbe plaintiff to strike paragraph 3 of tbe defendant’s further answer, together with tbe copy of tbe summons and copy of tbe complaint referred to in tbe said further answer.”' We are of tbe opinion, and so bold, that tbe answer to tbe question posed is in tbe negative.

The defendant does not plead the pendency of the other action, but on the contrary stipulates that a voluntary nonsuit bad been taken and the costs therein bad been…