Keogh v. Von Lienen

The parties are in agreement that at the time of the institution of the instant action by writ dated August 3, 1961, and made returnable to this court on the fourth Tuesday of August, 1961, there was then pending in the Superior Court in Fairfield County another action between the same parties for an accounting. This appeal raises the basic issue whether this action shall abate on the ground that it raises the same issues as the prior action in the Superior Court.

*97The pertinent facts can be stated briefly as follows: In 1958, the plaintiff instituted an action against the defendant in the…