Mallers v. Whittier Machine Co.

The action below was assumpsit by the appellee company, against the appellant, to recover upon two promissory' notes. To the declaration the appellant filed a single plea, viz., a plea in abatement that a former suit was pending in the Circuit Court of the United States for the Northern District of Illinois between the same parties and upon the same cause of action. The plea was traversed and issue joined. The cause was submitted to a jury, and under peremptory instructions from the court a verdict was returned for the appellee company. Judgment being rendered thereon, appellant appealed to…