Cashman v. Brownlee

This was an action by the appellees against the appellants, instituted in the Grant Circuit Court, to recover possession and to quiet title to certain described real estate.

*267The appellants filed a plea in abatement alleging that the appellees had formerly commenced an action upon the identical supposed cause of action set up in the complaint in this cause, which action was dismissed by the appellees; that the appellants recovered a judgment in said action for costs which had not been paid.

To this plea the appellees answered that they had been unable to pay said costs; that they had a…