Jernigan v. Rainer Mercantile Co.

This is an action in ejectment by appellee against appellants. ■ The defendants interposed a special plea to the effect that the plaintiff was a corporation which had been dissolved more than five years prior to the institution of the suit, and was without capacity to sue. Before any action was taken upon this plea the plaintiff filed a second suit in which these defendants filed a plea of the pendency of the first suit between the same parties concerning the same subject-matter, which plea was confessed by the plaintiff, and judgment entered dismissing said second suit because of the…