In Re the Custody of Skipper

Respondent assigns as error that portion of Judge Mintz’ order holding the plea in abatement insufficient to deprive the Superior Court of this State of jurisdiction to determine the question of custody. Since this contention, if sustained, would render petitioner’s appeal moot, we decide respondent’s appeal first.

A plea in abatement seeking dismissal of an action, because another action is pending between the same parties on the same right of action, should be sustained when, and only when, the actions are pending in different courts of the same sovereign. If the actions are brought in…