Cozzort v. Cunningham

Franicum, Judge.

1. “A former recovery, or the pendency of a former suit for the same cause of action, between the same parties, in the same or any other court that has jurisdiction, shall be a good cause of abatement; but if the first action is so defective that no recovery can possibly be had, the pendency of a former suit shall not abate the action.” Code § 3-607. Thus, where one with actual knowledge and notice of the facts, having two or more inconsistent remedies against a defendant chooses one of such alternative remedies by filing suit in pursuit thereof, such choice operates as a…