Higgs v. Cunningham

Robdísoh, Judge:

To plaintiff’s action of trespass on the ease for malicious prosecution, defendant pleaded in abatement the pendency of another suit fox the same cause of action, between the same parties, instituted in another county prior to the suing out of the writ in the action to which the plea was filed. The plea in abatement was filed at the rules at which plaintiff filed his declaration. To this plea plaintiff did not reply at either of two rule days that intervened before the next term of the court. At that term, the court dismissed the suit on the plea in abatement as to which there…